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RULES 


ADMISSION  TO  THE  BAR 

IN  THE  SEVERAL  STATES  AND 

TERRITORIES    OF    THE 

UNITED    STATES 

IN   FORCE  JANUARY  i,  1915 

TOGETHER  WITH  THE  CODE  OF  ETHICS  ADOPTED 

BY    THE    AMERICAN    BAR    ASSOCIATION 

ANNOTATED  TO  CASES  IN   POINT 


EIGHTH    EDITION 


St.  Paul,  Minn. 

WEST  PUBLISHING  CO. 

T915 


T 

\9\S 


Preface. 


In  setting  forth  the  rules  relating  to  admission  to  the  bar 
of  the  United  States  Courts  and  the  Courts  of  the  several 
States  and  Territories,  we  have  given  the  general  require- 
ments, rather  than  the  forms  prescribed  in  applying  for  ex- 
amination and  admission. 

Reference  is  made  in  each  instance  to  the  publications  in 
which  the  rules  are  set  forth  in  full. 

In  most  states  pamphlets  containing  complete  rules,  forms 
to  be  used,  etc.,  may  be  obtained  from  the  clerk  of  court  or 
the  secretary  of  the  Board  of  Bar  Examiners,  and  those  in- 
tending to  apply  for  admission  in  any  state  are  advised  to 
write  for  same.  The  name  of  the  clerk  or  other  officer  in 
each  state  to  whom  inquiries  for  information  should  be  ad- 
dressed is  set  forth  in  this  pamphlet. 

This  edition  includes  valuable  information  in  regard  to  the 
local  Reports  of  each  State,  and  other  law  books,  especially 
valuable  <o  the  lawyer  opening  a  new  office. 

(iii)  * 


Contents. 


Recommendations  of  American  Bar  Association—  Page 

Respecting  requirements  for  admission  to  the  bar xi 

Code  of  Ethics- 
Adopted  by  the  American  Bar  Association xv 

United   States   Courts — 

Rules   for  admission 3 

Reports  of  the  Federal  Courts 4 

Alabama — 

Rules  for  adm  ission 6 

Local    reports 8 

Alaska^ — 

Rules  for  admission 10 

Local   reports 11 

Arizona — 

Rules   for   admission 12 

Local    reports 14 

Arkansas — 

Rules  for  admission 15 

Local  reports 16 

California — 

Rules   for   admission 17 

Local   reports ID 

Colorado — 

Rules  for  admission 21 

Local   reports 23 

Connecticut- 
Rules  for  admission 25 

Local   reports 28 

Delaware — 

Rules  for  admission 29 

Local   reports 32 

District  of  Columbia — 

Rules   for   admission 33 

Local  reports 34 

(V) 


VUl  CONTENTS. 

Ohio—  Page 

Rules  for  admission 130 

Local   reports 134 

Oklahoma— 

Rules  for  admission 135 

Local   reports 137 

Oregon — 

Rules  for  admission 130 

Local   reports 141 

Pennsylvania — 

Rules  for  admission 142 

Local    reports 145 

Philippine  Islands — 

Rules  for  admission 147 

Local   reports 151 

Porto  Rico — 

Rules  for  admission 152 

Local    reports 135,  150 

Rhode  Island — 

Rules  for  admission 157 

Local  reports 160 

South  Carolina—' 

Rules  for  admission 161 

Local    reports 163 

South  Dakota/— 

Rules  for  admission 165 

Local  reports 167 

Tennessee — 

Rules  for  admission 16'J 

Local  reports 171 

Texas — 

Rules  for  admission 173 

Local   reports 175 

Utah- 
Rules  for  admission 177 

Local  reports 17S 

Vermont — 

Rules  for  admission 179 

Local    reports 1S2 


CONTENTS.  IX 

Virginia—  Page 

Rules  for  admission 183 

Local    reports 185 

'Washington — 

Rules  for  admission 187 

Local  reports 190 

West  Virginia — 

Rules  for  admission 192 

Local  reports 194 

W^isconsin^ 

Rules  for  admission 195 

Local   reports 198 

Wyoming — 

Rules  for  admission 199 

Local    reports 201 

Law  Schools  Listed  by  States 203 

Reports   and   Digests — 

Reports  and  Reporters 213 

Digests  of  Reports 215 

The   Purpose  of  a  Digest 217 

A  Key-Number  Guide  to  All  the  Authorities 222 

The   Key-Number    Annotation 226 

National    Reporter    System 221,  227,  228 

American    Digest    System 229,  230 

The  Science  of  Brief  Making 231 

Cooley's  Brief  Making  and  the  Use  of  Law^  Books 232 

Brief  Making  and  the  Use  of  Law  Books 233 

Bouvier's  Law^  Dictionary  and  Concise  Encyclopedia 234 

The    Hornbook    Series 235-240 

The   Hornbook    Case    Series 241,  242 

Letters  to  a  Young  Lawyer 243 

Owen's  Laiw  Quizzer , 244 

3000   Questions    and    Answrers 245 

Black's  New  Law  Dictionary 240,  247 

Reporter  Citations  in  Text-Books 248 

* 


Recommendations 

Of  the  Committee  of  the  American  Bar  Association 
on  Standard  Rules  for  Admission  to  the  Bar. 


In  1911  the  Committee  of  the  American  Bar  Association 
on  Standard  Rules  for  Admission  to  the  Bar  recommended 
the  following  provisions  respecting  uniform  requirements  for 
admission  to  the  bar.  These  recommendations  were  incorpo- 
rated without  change  in  the  1912  report  of  this  committee,  and 
are  here  reprinted  verbatim. 

A.  Examinations  for  admission  to  the  bar  should  be  con- 
ducted in  each  state  by  a  board  appointed  by  the  highest  ap- 
pellate court. 

B.  A  law  diploma  should  not  entitle  the  holder  to  admis- 
sion to  the  bar  without  examination  by  this  board. 

I.  The  candidate  shall  on  admission  be  a  citizen  of  the 
United  States. 

II.  He  shall  also  be  a  citizen  of  the  state  in  which  he  is 
applying  for  admission,  or  prove  that  it  is  his  intention  per- 
sonally to  maintain  an  office  therein  for  the  practice  of  the 
law. 

III.  Character  credentials  on  application  for  admission 
shall  include  the  affidavits  of  three  responsible  citizens,  two  of 
whom  shall  be  members  of  the  bar,  and  the  affidavits  shall  set 
forth  how  long  a  time,  when,  and  under  what  circumstances 
those  making  the  same  have  known  the  candidate. 

IV.  The  lawyer  on  admission  shall  be  designated  attorney 
and  counsellor,  and  not  merely  attorney. 

(xi) 


Xll  RECOMMENDATIONS  OF  AMERICAN  BAR  ASSOCIATION. 

V.  Three  years'  practice  in  states  having  substantially 
equivalent  requirements  for  admission  to  the  bar  shall  be  suf- 
ficient in  the  case  of  lawyers  from  other  jurisdictions  applying 
for  admission  on  grounds  of  comity. 

\'I.  There  is  no  necessity  for  the  insertion  in  the  rules  of 
a  reciprocal  comity  provision ;  that  is,  of  a  proviso  prohibiting 
the  admission  of  lawyers  from  other  states  on  grounds  of 
comity,  unless  the  state  from  which  the  lawyer  comes  extends 
similar  courtesies  to  lawyers  from  the  bar  of  the  state  in 
which  the  candidate  is  applying  for  admission. 

VII.  Students  shall  be  officially  registered  at  the  com- 
mencement of  their  course  of  preparation  for  the  bar,  upon 
report  of  the  state  board  as  to  fitness.  The  board's  report  shall 
be  based  upon  its  inspection  of  the  candidate's  credentials  es- 
tablishing that  he  has  passed  the  required  academic  examina- 
tion. The  registration  shall  be  with  the  clerk  of  the  highest 
appellate  court.  A  candidate  removing  from  a  jurisdiction 
having  similar  standards  for  registration  may  have  the  regis- 
tration transferred.  Nunc  pro  tunc  registration  may  be  permit- 
ted according  to  the  present  New  York  practice,  which  allows 
such  registration  only  when  the  candidate  had  the  requisite 
education  at  the  date  as  of  which  he  desires  to  be  registered, 
and  in  a  case  where  there  has  been  no  laches  on  his  part. 

VIII.  No  candidate  shall  be  registered  as  a  student  at  law 
until  he  shall  have  passed  the  entrance  examination  to  the 
collegiate  department  of  the  State  University  of  the  candi- 
date's state  or  of  such  college  as  may  be  approved  by  the  State 
Board  of  Law  Examiners,  or  an  examination  equivalent  there- 
to conducted  by  authority  of  the  state. 

IX.  Proof  of  moral  character  shall  be  required  as  a  pre- 
requisite to  registration. 


RECOMMENDATIONS  OF  AMERICAN  BAR  ASSOCIATION.         Xlll 

X.  Student  candidates  for  admission  to  the  bar,  in  order 
to  be  eligible  for  the  examination  for  admission  shall  have 
studied  either  in  an  approved  law  school  or  bona  fide  served 
a  regular  clerkship  in  the  office  of  a  practicing  attorney  during 
the  required  period  of  preparation. 

XI.  No  student  candidate  shall  be  eligible  for  admission 
to  the  bar  until  he  shall  have  devoted  four  years  in  preparing 
for  call  to  the  bar,  either  by  the  service  of  a  four  years'  clerk- 
ship in  an  approved  law  office  or  three  full  years  in  an  ap- 
proved law  school,  followed  by  one  year  of  clerkship  in  an 
approved  law  office;  provided,  however,  that  the  fourth  year 
may  be  passed  in  an  approved  law  school  in  postgraduate 
work,  including  procedure  and  practice. 

XII.  Candidates  for  admission  shall  present  themselves 
prepared  for  examination  in  the  following  subjects:  Constitu- 
tional law,  including  the  constitutions  of  the   United  States 

and (the  candidate's  state),  equity,  the  law  of  real  and 

personal  property,  evidence,  decedents'  estates,  landlord  and 
tenant,  mortgages,  contracts,  partnership,  corporations,  crimes, 
torts,  agency,  sales,  negotiable  instruments,  domestic  relations, 
common  law  pleading  and  practice,  federal  and  state  practice, 
conflict  of  law,  professional  ethics,  the  federal  statutes  relat- 
ing to  the  judiciary  and  to  bankruptcy,  and  the  development 

in (the  candidate's  state)  of  the  principles  of  the  law, 

as  exemplified  by  the  decisions  of  its  highest  appellate  court 
and  by  statutory  enactments. 

XIII.  Names  of  all  candidates  for  admission  should  be 
published  by  the  board  for  three  days  in  succession,  at  least 
ten  days  before  the  examination,  in  a  newspaper  of  general 
circulation  throughout  the  state,  and  for  four  weeks  in  a  law 
periodical,  should  there  be  one  within  the  state  jurisdiction. 


Xiv         RECOMMENDATIONS  OF  AMERICAN  BAR  ASSOCIATION. 

A  similar  publication  should  be  made  of  the  names  of  the  can- 
didates passed  at  the  examination  and  at  least  ten  days  be- 
fore the  state  board's  certificates  are  issued  to  the  candidates. 

XIV.  From  the  examination  fees  received  the  members 
of  the  state  board  shall  receive  such  compensation  as  the  high- 
est appellate  court  of  the  state  may  from  time  to  time  by  order 
direct. 

XV.  The  fee  for  examination  for  admission  shall  be  $25, 
and  for  passing  up  registration  credentials  in  the  matter  of 
general  educational  qualifications,  $5. 

XVI.  The  State  Board  shall  consist  of  five  members  of 
the  bar,  no  one  of  whom  shall  receive  student  candidates  in  his 
office  in  preparation  for  call  to  the  bar,  or  be  connected  with 
the  faculty  or  governing  body  of  any  law  school  presenting 
candidates  for  admission. 


Code  of  Ethics 

Adopted  by  American  Bar  Association 
Annotated  to  Cases  in  Point 


1.    The  Duty  of  the  Laivyer  to  the  Courts. 

It  is  the  duty  of  the  lawyer  to  maintain  towards  the  Courts 
a  respectful  attitude,  not  for  the  sake  of  the  temporary  incum- 
bent of  the  judicial  office,  but  for  the  maintenance  of  its  su- 
preme importance.  Judges,  not  being  wholly  free  to  defend 
themselves,  are  peculiarly  entitled  to  receive  the  support  of  the 
Bar  against  unjust  criticism  and  clamor.  Whenever  there  is 
proper  ground  for  serious  complaint  of  a  judicial  officer,  it 
is  the  right  and  duty  of  the  lawyer  to  submit  his  grievances 
to  the  proper  authorities.  In  such  cases,  but  not  otherwise, 
such  charges  should  be  encouraged  and  the  person  making 
them  should  be  protected. 

Annot. 

Attacking  or  criticising  court  as  ground  for  disbarment,  see  Attor- 
ney and  Client,  Cent.  Dig.  §§  59,  GO;  Dec.  Dig.  §  43. 

Attaclcing  or  criticising  coux-t  as  constituting  contempt,  see  Con- 
tempt, Cent.  Dig.  §§  6-10 ;  Dec.  Dig.  §  6. 

Suspension  or  removal  of  .iudge  and  liability  of  judge  for  official 
acts,  see  Judges,  Cent.  Dig.  §§  42-45,  165-180;  Dec.  Dig.  §§  11,  36,  37. 

Remarks  and  conduct  of  judge  on  trial  of  case  in  general,  see 
Criminal  Law,  Cent.  Dig.  §§  1520-1535;  Dec.  Dig.  §§  654-658;  Trial, 
Cent.  Dig.  §§  80-84 ;  Dec.  Dig.  §  29. 

2.   The  Selection,  of  Judges. 

It  is  the  duty  of  the  Bar  to  endeavor  to  prevent  political 
considerations  from  out-weighing  judicial  fitness  in  the  selec- 
tion of  Judges.  It  should  protest  earnestly  and  actively 
against  the  appointment  or  election  of  those  who  are  unsuita- 
ble for  the  Bench ;   and  it  should  strive  to  have  elevated  there- 

(XV) 


XVi  CODE   OP  ETHICS. 

to  only  those  willing  to  forego  other  employments,  whether 
of  a  business,  political  or  other  character,  which  may  embar- 
rass their  free  and  fair  consideration  of  questions  before  them 
for  decision.  The  aspiration  of  lawyers  for  judicial  position 
shouUl  be  governed  by  an  impartial  estimate  of  their  ability 
to  add  honor  to  the  office  and  not  by  a  desire  for  the  distinc- 
tion the  position  may  bring  to  themselves. 

Aiinot. 

AiipoiiitiiuMit.  olisiliility.  and  qualification  of  judges,  see  Judges, 
Cent.  Dig.  §§  1-23 ;  Dec.  Dig.  §§  1-5. 

3.  Attempts  to  Exert  Personal  Influence  on.  the  Court. 

Marked  attention  and  unusual  hospitality  on  the  part  of 
a  lawyer  to  a  Judge,  uncalled  for  by  the  personal  relations  of 
the  parties,  subject  both  the  Judge  and  the  lawyer  to  mis- 
constructions of  motive  and  should  be  avoided.  A  lawyer 
should  not  communicate  or  argue  privately  with  the  Judge  as 
to  the  merits  of  a  pending  cause,  and  he  deserves  rebuke  and 
denunciation  for  any  device  or  attempt  to  gain  from  a  Judge 
special  personal  consideration  or  favor.  A  self-respecting  in- 
dependence in  the  discharge  of  professional  duty,  without  de- 
nial or  diminution  of  the  courtesy  and  respect  due  the  Judge's 
station,  is  the  only  proper  foundation  for  cordial  personal  and 
official  relations  between  Bench  and  Bar. 

Annot. 

Attempting  to  influence  court  as  constituting  contempt  justifying 
disltarment  of  attorney,  see  Attorney  and  Client,  Cent.  Dig.  §  60. 

4.  'When  Counsel  for  an  Indigent  Prisoner. 

A  lawyer  assigned  as  counsel  for  an  indigent  prisoner  ought 
not  to  ask  to  be  excused  for  any  trivial  reason,  and  should  al- 
ways exert  his  best  efforts  in  his  behalf. 

Aiinot. 

Assignment  as  counsel  by  the  court,  and  sldll  and  care  required  of 
attorney,  see  Attorney  and  Client,  Cent.  Dig.  §§  31,  218;  Dec.  Dig.  § 
[ir, ;  Criminal  Law,  Cent.  Dig.  §§  1500-150-5 ;  Dec.  Dig.  §  641. 


CODE  OF  ETiiiCS.  XVll 

5.  The  Defense  or  Prosecution  of  Those  Accnsed  of  Crime. 

It  is  the  right  of  the  lawyer  to  undertake  the  defense  of  a 
person  accused  of  crime,  regardless  of  his  personal  opinion 
as  to  the  guilt  of  the  accused ;  otherwise  innocent  persons,  vic- 
tims only  of  suspicious  circumstances,  might  be  denied  proper 
defense.  Having  undertaken  such  defense,  the  lawyer  is 
bound  by  all  fair  and  honorable  means,  to  present  every  de- 
fense that  the  law  of  the  land  permits,  to  the  end  that  no  per- 
son may  be  deprived  of  life  or  liberty,  but  by  due  process  of 
law. 

The  primary  duty  of  a  lawyer  engaged  in  public  prosecution 
is  not  to  convict,  but  to  see  that  justice  is  done.  The  sup- 
pression of  facts  or  the  secreting  of  witnesses  capable  of  es- 
tablishing the  innocence  of  the  accused  is  highly  reprehensible. 

Annot. 

Defense  of  criminal  in  general,  see  Attorney  and  Client,  Cent.  Dig. 
§§  31,  218;  Dec.  Dig.  §  23;  Criminal  Law,  Cent.  Dig.  §§  149(>-100G; 
Dec.  Dig.  §  641. 

Misconduct  of  counsel,  ground  for  new  trial,  see  Criminal  Law, 
Cent.  Dig.  §§  2197-2201 ;  Dec.  Dig.  §  919. 

Functions  of  office  and  powers  and  duties  of  prosecuting  attorneys, 
see  District  and  Prosecuting  Attorneys,  Cent.  Dig.  §§  1,  34-37 ;  Dec. 
Dig.  §§  1,  8,  9. 

6.  Adverse  Inflnences  and  Conflicting  Interests. 

It  is  the  duty  of  a  lawyer  at  the  time  of  retainer  to  disclose 
to  the  client  all  the  circumstances  of  his  relations  to  the  par- 
ties, and  any  interest  in  or  connection  with  the  controversy, 
which  might  influence  the  client  in  the  selection  of  counsel. 

It  is  unprofessional  to  represent  conflicting  interests,  except 
by  express  consent  of  all  concerned  given  after  a  full  disclos- 
ure of  the  facts.  Within  the  meaning  of  this  canon,  a  lawyer 
represents  conflicting  interests  when,  in  behalf  of  one  client, 
it  is  his  duty  to  contend  for  that  which  duty  to  another  cli- 
ent requires  him  to  oppose. 

The  obligation  to  represent  the  client  with  undivided  fideli- 
ty and  not  to  divulge  his  secrets  or  confidences  forbids  also 
b 


Xviii  CODE   OF   ETHICS. 

the  subsequent  acceptance  of  retainers  or  employment  from 
others  in  matters  adversely  affecting  any  interest  of  the  client 
with  respect  to  which  confidence  has  been  reposed. 

Actii)g  for  adverse  parties  in  different  capacities  or  receiving  com- 
poiisation  from  adverse  party,  see  Attorney  and  Client,  Cent.  Dig.  §§ 
U7  ;5().  208,  220.  307 ;  Dec.  Dig.  §§  1^22,  113,  130. 

7.    Professional  Colleagues  and  Conflicts  of  Opinion. 

A  client's  proffer  of  assistance  of  additional  counsel  should 
not  be  regarded  as  evidence  of  want  of  confidence,  but  the 
matter  should  be  left  to  the  determination  of  the  client.  A 
lawyer  should  decline  association  as  colleague  if  it  is  objec- 
tionable to  the  original  counsel,  but  if  the  lawyer  first  retain- 
ed is  relieved,  another  may  come  into  the  case. 

When  lawyers  jointly  associated  in  a  cause  cannot  agree  as 
to  any  matter  vital  to  the  interest  of  the  client,  the  conflict  of 
opinion  should  be  frankly  stated  to  him  for  his  final  determi- 
nation. His  decision  should  be  accepted  unless  the  nature  of 
the  difference  makes  it  impracticable  for  the  lawyer  whose 
judgment  has  been  overruled  to  co-operate  effectively.  In 
this  event  it  is  his  duty  to  ask  the  client  to  relieve  him. 

Efforts,  direct  or  indirect,  in  any  way  to  encroach  upon  the 
business  of  another  lawyer,  are  unworthy  of  those  who  should 
be  brethren  at  the  Bar ;  but,  nevertheless,  it  is  the  right  of  any 
lawyer,  without  fear  or  favor,  to  give  proper  advice  to  those 
seeking  relief  against  unfaithful  or  neglectful  counsel,  gen- 
erally after  communication  with  the  lawyer  of  whom  the  com- 
plaint is  made. 

A  It  not. 

<  i^aiige  and  substitution  of  attorneys,  see  Attorney  and  Client,  Cent. 
Dig.  §§  110-131 ;  Dec.  Dig.  §§  75,  7G. 

8.    Advising  Upon  tlie  Merits  of  a  Client's  Canse. 

A  lawyer  should  endeavor  to  obtain  full  knowledge  of  his 
client's  cause  before  advising  thereon,  and  he  is  bound  to  give 


CODE   OF   ETHICS.  XIX 

a  candid  opinion  of  the  merits  and  probable  result  of  pending 
or  contemplated  litigation.  The  miscarriages  to  which  justice 
is  subject,  by  reason  of  surprises  and  disappointments  in  evi- 
dence and  witnesses,  and  through  mistakes  of  juries  and  er- 
rors of  Courts,  even  though  only  occasional,  admonish  law- 
yers to  beware  of  bold  and  confident  assurances  to  clients,  es- 
pecially where  the  employment  may  depend  upon  such  assur- 
ance. Whenever  the  controversy  will  admit  of  fair  adjust- 
ment, the  client  should  be  advised  to  avoid  or  to  end  the  liti- 
•  gation. 

Annot. 

Negligence  of  attorney  in  advising  client,  see  Attorney  and  Client, 
Cent.  Dig.  §§  221,  222 ;  Dec.  Dig.  §  109. 

9.  Negotiations  With   Opposite  Party. 

A  lawyer  should  not  in  any  way  communicate  upon  the  sub- 
ject of  controversy  with  a  party  represented  by  counsel ;  much 
less  should  he  undertake  to  negotiate  or  compromise  the  mat- 
ter with  him,  but  should  deal  only  with  his  counsel.  It  is  in- 
cumbent upon  the  lawyer  most  particularly  to  avoid  every- 
thing that  may  tend  to  mislead  a  party  not  represented  by 
counsel,  and  he  should  not  undertake  to  advise  him  as  to 
the  law. 

Annot. 

Duties  and  liabilities  of  attorney  to  adverse  parties  and  third  per- 
sons, see  Attorney  and  Client,  Cent.  Dig.  §§  38,  39,  61 ;  Dec.  Dig.  §§ 
26,  38. 

10.  Acquiring  Interest  in  Litigation. 

The  lawyer  should  not  purchase  any  interest  in  the  subject- 
matter  of  the  litigation  which  he  is  conducting. 

Annot. 

Right  of  attorney  to  purchase  demands  for  suit,  and  effect  thereof 
as  ground  for  disbarment,  see  Attorney  and  Client,  Cent.  Dig.  §§  26, 
51,  239-263;  Dec.  Dig.  §§  18,  38.  122-12-3. 

Champertons  agreements,  see  Champerty  and  Maintenance,  Cent. 
Dig.  §§  36-44,  47-51 ;  Dec.  Dig.  §  5  (6,  8). 


XViii  CODE   OF   ETHICS. 

the  subsequent  acceptance  of  retainers  or  employment  from 
others  in  matters  adversely  affecting  any  interest  of  the  client 
with  respect  to  which  confidence  has  been  reposed. 

A.tiiij:  for  adverse  parties  in  different  capacities  or  receiving  com- 
piMisatioii  from  adverse  party,  see  Attorney  and  Client,  Cent.  Dig.  §§ 
•J7  :5»».  1208.  220.  307 ;  Dec.  Dig.  §§  19-22,  113,  130. 

7.    Profesalonal  Colleagues  and  Conflicts  of  Opinion. 

A  client's  proffer  of  assistance  of  additional  counsel  should 
not  be  regarded  as  evidence  of  want  of  confidence,  but  the 
matter  should  be  left  to  the  determination  of  the  client.  A 
lawyer  should  decline  association  as  colleague  if  it  is  objec- 
tionable to  the  original  counsel,  but  if  the  lawyer  first  retain- 
ed is  relieved,  another  may  come  into  the  case. 

When  lawyers  jointly  associated  in  a  cause  cannot  agree  as 
to  any  matter  vital  to  the  interest  of  the  client,  the  conflict  of 
opinion  should  be  frankly  stated  to  him  for  his  final  determi- 
nation. His  decision  should  be  accepted  unless  the  nature  of 
the  difference  makes  it  impracticable  for  the  lawyer  whose 
judgment  has  been  overruled  to  co-operate  effectively.  In 
this  event  it  is  his  duty  to  ask  the  client  to  relieve  him. 

Efforts,  direct  or  indirect,  in  any  way  to  encroach  upon  the 
business  of  another  lawyer,  are  unworthy  of  those  who  should 
be  brethren  at  the  Bar ;  but,  nevertheless,  it  is  the  right  of  any 
lawyer,  without  fear  or  favor,  to  give  proper  advice  to  those 
seeking  relief  against  unfaithful  or  neglectful  counsel,  gen- 
erally after  communication  with  the  lawyer  of  whom  the  com- 
j)laint  is  made. 

.Viinot. 

(  liange  and  sulistitution  of  attorneys,  see  Attorney  and  Client,  Cent. 
I  >iL'.  §S  nf>-131  ;  Dec.  Dig.  §§  75,  70. 

8.    Advising  Upon  tlie  Merits  of  a  Client's  Canse. 

A  lawyer  should  endeavor  to  obtain  full  knowledge  of  his 
client's  cause  before  advising  thereon,  and  he  is  bound  to  give 


CODE  OF  ETHICS.  XIX 

a  candid  opinion  of  the  merits  and  probable  result  of  pending 
or  contemplated  litigation.  The  miscarriages  to  which  justice 
is  subject,  by  reason  of  surprises  and  disappointments  in  evi- 
dence and  witnesses,  and  through  mistakes  of  juries  and  er- 
rors of  Courts,  even  though  only  occasional,  admonish  law- 
yers to  beware  of  bold  and  confident  assurances  to  clients,  es- 
pecially where  the  employment  may  depend  upon  such  assur- 
ance. Whenever  the  controversy  will  admit  of  fair  adjust- 
ment, the  client  should  be  advised  to  avoid  or  to  end  the  liti- 
gation. 

Annot. 

Negligence  of  attorney  in  advising  client,  see  Attorney  and  Client, 
Cent.  Dig.  §§  221,  222 ;  Dec.  Dig.  §  109. 

9.  Negotiations  With  Opposite  Party. 

A  lawyer  should  not  in  any  way  communicate  upon  the  sub- 
ject of  controversy  with  a  party  represented  by  counsel ;  much 
less  should  he  undertake  to  negotiate  or  compromise  the  mat- 
ter with  him,  but  should  deal  only  with  his  counsel.  It  is  in- 
cumbent upon  the  lawyer  most  particularly  to  avoid  every- 
thing that  may  tend  to  mislead  a  party  not  represented  by 
counsel,  and  he  should  not  undertake  to  advise  him  as  to 
the  law. 

Annot. 

Duties  and  liabilities  of  attorney  to  adverse  parties  and  third  per- 
sons, see  Attorney  and  Client,  Cent.  Dig.  §§  38,  39,  61 ;  Dec.  Dig.  §§ 
26,  38. 

10.  Acquiring  Interest  in  Litigation. 

The  lawyer  should  not  purchase  any  interest  in  the  subject- 
matter  of  the  litigation  which  he  is  conducting. 

Annot. 

Riglit  of  attorney  to  purchase  demands  for  suit,  and  effect  thereof 
as  ground  for  disbarment,  see  Attorney  and  Client,  Cent.  Dig.  §§  26, 
51,  239-263;  Dec.  Dig.  §§  18,  38,  122-12G. 

Champertons  agreements,  see  Champerty  and  Maintenance,  Cent. 
Dig.  §§  36-44,  47-51 ;  Dec.  Dig.  §  5  (6,  8). 


XX  CODE  OF   ETHICS. 

11.  Dealing  With  Trust  Property. 

Money  of  the  client  or  other  trust  property  coming  into  the 
possession  of  the  lawyer  should  be  reported  promptly,  and 
except  with  the  client's  knowledge  and  consent  should  not  be 
commingled  with  his  private  property  or  be  used  by  him. 

An  not. 

Authority  of  attorney  as  to  disposition  of  client's  money  or  otlier 
property,  sec  Attorney  and  Client.  Cent.  Dis.  §  14.3;  Dec.  Dig.  §  SO. 

.\i-countln}i  and  payment  to  client,  see  Attorney  and  Client,  Cent, 
nis.  S§  2;!2-l238;  Dec.  Dig.  §§  llG-121. 

12.  Fixing  the  Amonnt  of  the  Fee. 

In  fixing  fees,  lawyers  should  avoid  charges  which  overes- 
timate their  advice  and  services,  as  well  as  those  which  un- 
dervalue them.  A  client's  ability  to  pay  cannot  justify  a 
charge  in  excess  of  the  value  of  the  service,  though  his  pover- 
ty may  require  a  less  charge,  or  even  none  at  all.  The  rea- 
sonable requests  of  brother  lawyers,  and  of  their  widows  and 
orphans  without  ample  means,  should  receive  special  and  kind- 
ly consideration. 

In  determining  the  amount  of  the  fee,  it  is  proper  to  con- 
sider: (1)  the  time  and  labor  required,  the  novelty  and  dif- 
ficulty of  the  questions  involved  and  the  skill  requisite  proper- 
ly to  conduct  the  cause;  (2)  whether  the  acceptance  of  em- 
ployment in  the  particular  case  will  preclude  the  lawyer's  ap- 
pearance for  others  in  cases  likely  to  arise  out  of  the  trans- 
action, and  in  which  there  is  a  reasonable  expectation  that 
otherwise  he  would  be  employed,  or  will  involve  the  loss  of 
other  business  while  employed  in  the  particular  case  or  antago- 
nisms with  other  clients;  (3)  the  customary  charges  of  the 
Bar  for  similar  services;  (4)  the  amount  involved  in  the  con- 
troversy and  the  benefits  resulting  to  the  client  from  the  serv- 
ices; (5)  the  contingency  or  the  certainty  of  the  compensa- 
tion ;  and  (6)  the  character  of  the  employment,  whether  casual 
or  for  an  established  and  constant  client.     No  one  of  these 


CODE  OF   ETHICS.  XXI 

considerations  in  itself  is  controlling.     They  are  mere  guides 
in  ascertaining  the  real  value  of  the  service. 

In  fixing  fees  it  should  never  be  forgotten  that  the  profes- 
sion is  a  branch  of  the  administration  of  justice  and  not  a  mere 
money-getting  trade. 

Annot. 

Right  of  attorney  to  compensation,  contracts  therefor  and  value  and 
amount  thereof,  see  Attorney  and  Client,  Cent.  Dig.  §§,  292-350 ;  Dec. 
Dig.  §§  130-145,  151,  152,  154,  155. 

13.  Contingent  Fees. 

Contingent  fees,  where  sanctioned  by  law,  should  be  under 
the  supervision  of  the  Court,  in  order  that  clients  may  be  pro- 
tected from  unjust  charges. 

Annot. 

Validity  and  effect  of  asreement  for  continjrent  fee.  see  Attorney 
and  Client,  Cent  Dig.  §§  351-357 ;  Dec.  Dig.  §§  146-150. 

Agreement  for  contingent  fee  as  constituting  champerty,  see  Cham- 
perty and  Maintenance,  Cent.  Dig.  §§  22-51 ;  Dec.  Dig.  §  5. 

14.  Suing  a  Client  for  a  Fee. 

Controversies  with  clients  concerning  compensation  are  to 
be  avoided  by  the  lawyer  so  far  as  shall  be  compatible  with 
his  self-respect  and  with  his  right  to  receive  reasonable  rec- 
ompense for  his  services ;  and  lawsuits  with  clients  should  be 
resorted  to  only  to  prevent  injustice,  imposition  or  fraud. 

Annot. 

Right  of  action  for  fees,  defenses  and  practice,  see  Attorney  and 
Client,  Cent.  Dig.  §§  358-377;  Dec.  Dig.  §§  157-169. 

15.  How  Far  a  Lawyer  May  Go  in  Supporting  a  Client's  Cause. 

Nothing  operates  more  certainly  to  create  or  to  foster  popu- 
lar prejudice  against  lawyers  as  a  class,  and  to  deprive  the  pro- 
fession of  that  full  measure  of  public  esteem  and  confidence 
which  belongs  to  the  proper  discharge  of  its  duties  than  does 
the  false  claim,  often  set  up  by  the  unscrupulous  in  defense 
of  questionable  transactions,  that  it  is  the  duty  of  the  law- 
yer to  do  whate>ver  may  enable  him  to  succeed  in  winning  his 
client's  cause. 


XX ii  CODE  OF   ETHICS. 

It  is  improper  for  a  lawyer  to  assert  in  argument  his  person- 
al belief  in  his  client's  innocence  or  in  the  justice  of  his  cause. 

The  lawyer  owes  "entire  devotion  to  the  interest  of  the  cli- 
ent, warm  zeal  in  the  maintenance  and  defense  of  his  rights 
ami  the  exertion  of  his  utmost  learning  and  ability,"  to  the 
end  that  nothing  be  taken  or  be  withheld  from  him,  save  by 
the  rules  of  law,  legally  applied.  No  fear  of  judicial  disfavor 
or  public  uni)opularity  should  restrain  him  from  the  full  dis- 
charge of  his  duty.  In  the  judicial  forum  the  client  is  enti- 
tled to  the  benefit  of  any  and  every  remedy  and  defense  that 
is  authorized  by  the  law  of  the  land,  and  he  may  expect  his 
lawyer  to  assert  every  such  remedy  or  defense.  But  it  is 
steadfastly  to  be  borne  in  mind  that  the  great  trust  of  the 
lawyer  is  to  be  performed  within  and  not  without  the  bounds 
of  the  law.  The  ofiice  of  attorney  does  not  permit,  much  less 
docs  it  demand  of  him  for  any  client,  violation  of  law  or  any 
manner  of  fraud  or  chicane.  He  must  obey  his  own  con- 
science and  not  that  of  his  client. 

.\nnot. 

Nature  of  office  of  attorney  and  duty  to  follow  client's  instructions, 
see  Attorney  and  Client,  Cent.  Dig.  §§  21,  220 ;  Dec.  Dig.  §§  14,  108. 

Argument  and  conduct  of  counsel,  see  Criminal  Law,  Cent.  Dig.  §§ 
1G55-1G93  ;  Dec.  Dig.  §§  G9U-730 ;  Trial,  Cent.  Dig.  §§  2GT-31G ;  Dec. 
Dig.  §§  lOG-133. 

16.    Restraining  Clients  from  Improprieties. 

A  lawyer  should  use  his  best  efforts  to  restrain  and  to  pre- 
vent his  clients  from  doing  those  things  which  the  lawyer  him- 
self ought  not  to  do,  particularly  with  reference  to  their  con- 
duct towards  Courts,  judicial  officers,  jurors,  witnesses  and 
suitors.  If  a  client  persists  in  such  wrong-doing  the  lawyer 
should  terminate  their  relation, 

Annot. 

Termination  of  relation  by  withdrawal  of  attorney,  see  Attorney 
and  Client,  Cent.  Dig.  §  121 ;  Dec.  Dig.  §  76  (1). 


CODE   OF   ETHICS.  XXlll 

IT.    Ill  Feeling  and  Personalities  Betxreen  Advocates. 

Clients,  not  lawyers,  are  the  litigants.  Whatever  may  be 
the  ill  feeling  existing  between  clients,  it  should  not  be  allow- 
ed to  influence  counsel  in  their  conduct  and  demeanor  toward 
each  other  or  toward  suitors  in  the  case.  All  personalities 
between  counsel  should  be  scrupulously  avoided.  In  the  trial 
of  a  cause  it  is  indecent  to  allude  to  the  personal  history  or 
the  personal  peculiarities  and  idiosyncrasies  of  counsel  on  the 
other  side.  Personal  colloquies  between  counsel  w^hich  cause 
delay  and  promote  unseemly  wrangling  should  also  be  care- 
fully avoided. 

Annot. 

Conduct  toward  other  attorneys,  ground  for  disbarment,  see  Attor- 
ney and  Client.  Cent.  Dig.  §  Gl ;  Dec.  Dig.  §  38. 

Use  of  abusive  language  and  retaliatory  statements  and  remarks 
by  attorneys,  see  Trial,  Cent  Dig.  §§  308,  310 ;  Dec.  Dig.  §§  126,  129. 

18.  Treatment  of  Witnesses  and  Litigants. 

A  lawyer  should  always  treat  adverse  witnesses  and  suitors 
with  fairness  and  due  consideration,  and  he  should  never  min- 
ister to  the  malevolence  or  prejudices  of  a  client  in  the  trial 
or  conduct  of  a  cause.  The  client  cannot  be  made  the  keeper 
of  the  lawyer's  conscience  in  professional  matters.  He  has  no 
right  to  demand  that  his  counsel  shall  abuse  the  opposite  party 
or  indulge  in  offensive  personalities.  Improper  speech  is  not 
excusable  on  the  ground  that  it  is  what  the  client  would  say 
if  speaking  in  his  own  behalf. 

Annot. 

Duties  and  liabilities  to  adverse  parties  and  to  third  persons,  see 
Attorney  and  Client,  Cent.  Dig.  §  38 ;  Dec.  Dig.  §  26. 

Use  of  abusive  language  and  retaliatory  statements  or  remarks,-  see 
Trial,  Cent.  Dig.  §§  308,  310 ;  Dec.  Dig.  §§  126,  129. 

19.  Appearance  of  Laivyer  as  'Witness  for  His  Client. 

When  a  lawyer  is  a  witness  for  his  client,  except  as  to  mere- 
ly formal  matters,  such  as  the  attestation  or  custody  of  an  in- 
strument and  the  like,  he  should  leave  the  trial  of  the  case  to 


Xxiv  CODE  OF   ETHICS. 

Other  counsel.  Except  when  essential  to  the  ends  of  justice, 
a  lawyer  should  avoid  testifying  in  Court  in  behalf  of  his 
client. 

Allliot. 

Competency  of  attorneys  as  witnesses,  see  Witnesses,  Cent.  Dig.  §§ 
79,  121-123 ;  Dec.  Dig.  §  G7. 

20.  Newspaper  Discussion  of  Pending  Iritigation. 

Newspaper  publications  by  a  lawyer  as  to  pending  or  an- 
ticipated litigation  may  interfere  with  a  fair  trial  in  the  Courts 
and  otherwise  prejudice  the  due  administration  of  justice. 
Generally  they  are  to  be  condemned.  If  the  extreme  circum- 
stances of  a  particular  case  justify  a  statement  to  the  public, 
it  is  unprofessional  to  make  it  anonymously.  An  ex  parte 
reference  to  the  facts  should  not  go  beyond  quotation  from  the 
records  and  papers  on  file  in  the  Court ;  but  even  in  extreme 
cases  it  is  better  to  avoid  any  ex  parte  statement. 

Annot. 

Pnblications  relating  to  pending  proceedings  as  constitnting  con- 
tempt, see  Contempt,  Cent.  Dig.  §§  1.5,  IG ;  Dec.  Dig.  §  9. 

21.  Punctuality  and  Expedition. 

It  is  the  duty  of  the  lawyer  not  only  to  his  client,  but  also 
to  the  Courts  and  to  the  public,  to  be  punctual  in  attendance, 
and  to  be  concise  and  direct  in  the  trial  and  disposition  of 
causes. 

Annot. 

Absence  of  counsel  as  ground  for  continuance,  see  Continuance. 
Cent.  Dig.  8  .51;  Dec.  Dig.  §  20;  Criminal  Law,  Cent.  Dig.  §§  1313, 
1320 ;  Dec.  Dig.  §§  587,  u93. 

Absence  of  counsel  as  ground  for  new  trial,  see  Criminal  Law,  Cent. 
Dig.  §  2205 ;  Dec.  Dig.  §  920 ;  New  Trial,  Cent.  Dig.  §§  173,  174 ;  Dec. 
Dig.  §  87. 

22.  Candor  and  Fairness. 

The  conduct  of  the  lawyer  before  the  Court  and  with  other 
lawyers  should  be  characterized  by  candor  and  fairness. 

It  is  not  candid  or  fair  for  the  lawyer  knowingly  to  mis- 
quote the  contents  of  a  paper,  the  testimony  of  a  witness,  the 


CODE   OF   ETHICS.  XXV 

language  or  the  argument  of  opposing  counsel,  or  the  language 
of  a  decision  or  a  text-book ;  or  with  knowledge  of  its  invalid- 
ity, to  cite  as  authority  a  decision  that  has  been  overruled,  or 
a  statute  that  has  been  repealed ;  or  in  argument  to  assert  as 
a  fact  that  which  has  not  been  proved,  or  in  those  jurisdic- 
tions where  a  side  has  the  opening  and  closing  arguments  to 
mislead  his  opponent  by  concealing  or  withholding  positions 
in  his  opening  argument  upon  which  his  side  then  intends  to 
rely. 

It  is  unprofessional  and  dishonorable  to  deal  other  than 
candidly  with  the  facts  in  taking  the  statements  of  witnesses, 
in  drawing  affidavits  and  other  documents,  and  in  the  presen- 
tation of  causes. 

A  lawyer  should  not  offer  evidence,  which  he  knows  the 
Court  should  reject,  in  order  to  get  the  same  before  the  jury 
by  argument  for  its  admissibility,  nor  should  he  address  to 
the  Judge  arguments  upon  any  point  not  properly  calling  for 
determination  by  him.  Neither  should  he  introduce  into  an  ar- 
gument, addressed  to  the  Court,  remarks  or  statements  in- 
tended to  influence  the  jury  or  bystanders. 

These  and  all  kindred  practices  are  unprofessional  and  un- 
worthy of  an  officer  of  the  law  charged,  as  is  the  lawyer,  with 
the  duty  of  aiding  in  the  administration  of  justice. 

Annot. 

Argument  and  conduct  of  counsel  in  general,  see  Criminal  Law, 
Cent.  Dig.  §§  1655-169.3:  Dec.  Dig.  §§  699-730;  Trial,  Cent.  Dig.  §§ 
267-.309:    Dec.  Dig.  §§  106-133. 

Regulation  of  professional  conduct  of  attorneys  and  conduct  ground 
for  disbarment,  see  Attorney  and  Client,  Cent.  Dig.  §§  45,  51,  53,  54, 
61;    Dec.  Dig.  §§  32,  38,  41.  42. 

Conduct  constituting  contempt,  see  Contempt,  Cent  Dig.  §  21 ;  Dee. 
Dig.  §  10. 

23.    Attitude  Toward  Jury. 

All  attempts  to  curry  favor  with  juries  by  fawning,  flattery 
or  pretended  solicitude  for  their  personal  comfort  are  unpro- 


XXVi  CODE   OF   ETHICS. 

fessional.  Suggestions  of  counsel,  looking  to  the  comfort  or 
convenience  of  jurors,  and  propositions  to  dispense  with  argu- 
ment, should  be  made  to  the  Court  out  of  the  jury's  hearing. 
A  lawyer  must  never  converse  privately  with  jurors  about  the 
case;  and  both  before  and  during  the  trial  he  should  avoid 
communicating  with  them,  even  as  to  matters  foreign  to  the 
cause. 

Annot. 

Ar;;nnient  and  conduct  of  counsel  in  general,  see  Criminal  Law, 
Cent.  Dill.  §§  1(m5-1(^s7  ;  Dec.  Dig.  §§  699-72G ;  Trial,  Cent.  Dig.  §§  2G7- 
310.  7120:  Dec.  Dig.  §§  106-133,  305. 

Argnuient  and  conduct  ground  for  new  trial,  see  Criminal  Law, 
Cent.^  Dig.  §§  2197-2201,  2255,  22G5 ;  Dec.  Dig.  §§  919,  932 ;  New  Trial, 
Cent.  Dig.  §§  43,  44,  92,  97-99 ;  Dec.  Dig.  §§  29,  47,  49. 

24.  Right  of  Lawyer  to  Control  the  Incidents  of  the  Trial. 

As  to  incidental  matters  pending  the  trial,  not  affecting  the 
merits  of  the  cause,  or  working  substantial  prejudice  to  the 
rights  of  the  client,  such  as  forcing  the  opposite  lawyer  to 
trial  when  he  is  under  affliction  or  bereavement;  forcing  the 
trial  on  a  particular  day  to  the  injury  of  the  opposite  lawyer 
when  no  harm  will  result  from  a  trial  at  a  different  time ; 
agreeing  to  an  extension  of  time  for  signing  a  bill  of  excep- 
tions, cross-interrogatories  and  the  like,  the  lawyer  must  be 
allowed  to  judge.  In  such  matters  no  client  has  a  right  to  de- 
mand that  his  counsel  shall  be  illiberal,  or  that  he  do  anything 
therein  repugnant  to  his  own  sense  of  honor  and  propriety. 

Annot. 

Authority  of  attorney  as  to  conduct  of  litigation,  see  Attorney  and 
Client,  Cent.  Dig.  §§  161-189;    Dec.  Dig.  §§  87-96. 

Duty  of  attorney  to  follow  instructions  of  client,  see  Attorney  and 
Client,  Cent.  Dig.  §  220;    Dec.  Dig.  §  108. 

25.  Taking  Technical  Advantage  of  Opposite  Counsel — Agree- 

ments "With  Him. 

A  lawyer  should  not  ignore  known  customs  or  practice  of 
the  Bar  or  of  a  particular  Court,  even  when  the  law  permits, 
without  giving  timely  notice  to  the  opposing  counsel.     As  far 


CODE  OF   ETHICS.  XXVll 

as  possible,  important  agreements,  affecting  the  rights  of  cli- 
ents, should  be  reduced  to  writing;  but  it  is  dishonorable  to 
avoid  performance  of  an  agreement  fairly  made  because  it 
is  not  reduced  to  writing,  as  required  by  rules  of  Court. 

Aniiot. 

Bindlns  effect  of  njireements  between  counsel,  see  Attorney  anfl 
Client,  Cent.  Dig.  §  171. 

Validity  of  oral  stipulations,  see  Stipulations,  Cent.  Dig.  §§  5-13, 
63 ;  Dec.  Dig.  §§  6,  19. 

26.  Professional  Advocacy  Other  Than  Before  Courts. 

A  lawyer  openly  and  in  his  true  character  may  render 
professional  services  before  legislative  or  other  bodies,  re- 
garding proposed  legislation  and  in  advocacy  of  claims  be- 
fore departments  of  government,  upon  the  same  principles  of 
ethics  which  justify  his  appearance  before  the  Courts ;  but 
it  is  unprofessional  for  a  lawyer  so  engaged  to  conceal  his  at- 
torneyship, or  to  employ  secret  personal  solicitations,  or  to 
use  means  other  than  those  addressed  to  the  reason  and  under- 
standing to  influence  action. 

Annot. 

Validity  of  lobbying  contracts,  see  Contracts,  Cent.  Dig.  §§  587-589 ; 
Dec.  Dig.  §  126. 

27.  Advertising,  Direct  or  Indirect. 

The  most  worthy  and  effective  advertisement  possible,  even 
for  a  young  lawyer,  and  especially  with  his  brother  lawyers, 
is  the  establishment  of  a  well-merited  reputation  for  profes- 
sional capacity  and  fidelity  to  trust.  This  cannot  be  forced, 
but  must  be  the  outcome  of  character  and  conduct.  The  pub- 
lication or  circulation  of  ordinary  simple  business  cards,  be- 
ing a  matter  of  personal  taste  or  local  custom,  and  sometimes 
of  convenience,  is  not  per  se  improper.  But  solicitation  of 
business  by  circulars  or  advertisements,  "or  by  personal  com- 
munications or  interviews,  not  warranted  by  personal  rela- 
tions, is  unprofessional.     It  is  equally  unprofessional  to  pro- 


Xxviii  CODE   OF   ETHICS. 

cure  business  by  indirection  through  touters  of  any  kind, 
whether  alHcd  real  estate  firms  or  trust  companies  advertising 
to  secure  the  drawing  of  deeds  or  wills  or  offering  retainers 
in  exchange  for  executorships  or  trusteeships  to  be  influenced 
bv  the  lawyer.  Indirect  advertisement  for  business  by  furnish- 
ing or  inspiring  new^spaper  comments  concerning  causes  in 
which  the  lawyer  has  been  or  is  engaged,  or  concerning  the 
manner  of  their  conduct,  the  magnitude  of  the  interests  in- 
volved, the  importance  of  the  lawyer's  positions,  and  all  other 
like  self-laudation,  defy  the  traditions  and  lower  the  tone  of 
our  high  calling,  and  are  intolerable. 

Annot. 

Advertising  to  secure  divorces  as  groimd  for  disbarment,  see  Attor- 
ney aud  Client,  Cent.  Dig.  §  51 ;  Dec.  Dig.  §  38. 

28.    Stirring  up  Litigation,  Directly  or  Through  Agents. 

It  is  unprofessional  for  a  lawyer  to  volunteer  advice  to  bring 
a  lawsuit,  except  in  rare  cases  where  ties  of  blood,  relationship 
or  trust  make  it  his  duty  to  do  so.  Stirring  up  strife  and  liti- 
gation is  not  only  unprofessional,  but  it  is  indictable  at  com- 
mon law.  It  is  disreputable  to  hunt  up  defects  in  titles  or  oth- 
er causes  of  action  and  inform  thereof  in  order  to  be  employed 
to  bring  suit,  or  to  breed  litigation  by  seeking  out  those  with 
claims  for  personal  injuries  or  those  having  any  other  grounds 
of  action  in  order  to  secure  them  as  clients,  or  to  employ 
agents  or  runners  for  like  purposes,  or  to  pay  or  rew^ard,  di- 
rectly or  indirectly,  those  who  bring  or  influence  the  bring- 
ing of  such  cases  to  his  office,  or  to  remunerate  policemen, 
court  or  prison  officials,  physicians,  hospital  attaches  or  others 
who  may  succeed,  under  the  guise  of  giving  disinterested 
friendly  advice,  in  influencing  the  criminal,  the  sick  and  the 
injured,  the  ignorani  or  others,  to  seek  his  professional  serv- 
ices. A  duty  to  the  public  and  to  the  profession  devolves  up- 
on every  member  of  the  Bar,  having  knowledge  of  such  prac- 


CODE   OF   ETHICS.  XXIX 

tices  upon  the  part  of  any  practitioner,  immediately  to  inform 
thereof  to  the  end  that  the  offender  may  be  disbarred, 

A II II  of . 

Stirring  up  litigation  and  other  unprofessional  conduct,  ground  for 
disbarment,  see  Attorney  and  Client,  Cent  Dig.  §§  47-84 ;  Dec.  Dig.  §§ 

Barratry  in  general,  see  Champerty  and  Maintenance,  Cent.  Dig.  §§ 
1-51 ;  Dec.  Dig.  §§  1-6. 

29.  Upliolding  the  Honor  of  tlie  Profession. 

Lawyers  should  expose  without  fear  or  favor  before  the 
proper  tribunals  corrupt  or  dishonest  conduct  in  the  profes- 
sion, and  should  accept  without  hesitation  employment  against 
a  member  of  the  Bar  who  has  wronged  his  client.  The  coun- 
sel upon  the  trial  of  a  cause  in  which  perjury  has  been  com- 
mitted owe  it  to  the  profession  and  to  the  public  to  bring  the 
matter  to  the  knowledge  of  the  prosecuting  authorities.  The 
lawyer  should  aid  in  guarding  the  Bar  against  the  admission 
to  the  profession  of  candidates  unfit  or  unqualified  because  de- 
ficient in  either  moral  character  or  education.  He  should 
strive  at  all  times  to  uphold  the  honor  and  to  maintain  the 
dignity  of  the  profession  and  to  improve  not  only  the  law  but 
the  administration  of  justice. 

Annot. 

Learning  and  good  character  as  necessary  qualifications  for  admis- 
sion to  pi'actice  law,  see  Attorney  and  Client.  Cent.  Dig.  §§  4.  5 ;  Dec. 
Dig.  §  4. 

Right  of  attorney  to  institute  disbarment  proceedings  against  broth- 
er attorney,  see  Attorney  and  Client,  Cent.  Dig.  §  67 ;  Dec.  Dig.  §  51. 

30.  Justifiable  and  Unjustifiable  Litigations. 

The  lawyer  must  decline  to  conduct  a  civil  cause  or  to  make 
a  defense  when  convinced  that  it  is  intended  merely  to  harass 
or  to  injure  the  opposite  party  or  to  work  oppression  or  wrong. 
But  otherwise  it  is  his  right,  and,  having  accepted  retainer, 
it  becomes  his  duty  to  insist  upon  the  judgment  of  the  Court 
as  to  the  legal  merits  of  his  client's  claim.  His  appearance  in 
Court  should  be  deemed  equivalent  to  an  assertion  on  his  hon- 


Xxviii  CODE  OF  ETHICS. 

cure  business  by  indirection  through  touters  of  any  kind, 
whether  aUicd  real  estate  firms  or  trust  companies  advertising 
to  secure  the  drawing  of  deeds  or  wills  or  offering  retainers 
in  exchange  for  executorships  or  trusteeships  to  be  influenced 
l)v  ihc  lawyer.  Indirect  advertisement  for  business  by  furnish- 
ing or  inspiring  newspaper  comments  concerning  causes  in 
which  the  lawyer  has  been  or  is  engaged,  or  concerning  the 
manner  of  their  conduct,  the  magnitude  of  the  interests  in- 
volved, the  importance  of  the  lawyer's  positions,  and  all  other 
like  self-laudation,  defy  the  traditions  and  lower  the  tone  of 
our  high  calling,  and  are  intolerable. 

\llllUt. 

Advertising  to  secure  divorces  as  ground  for  disbarment,  see  Attor- 
ney and  Client,  Cent.  Dig.  §  51 ;  Dec.  Dig.  §  38. 

28.    Stirring  up  Litigation,  Directly  or  Tlirough  Agents. 

It  is  unprofessional  for  a  lawyer  to  volunteer  advice  to  bring 
a  lawsuit,  except  in  rare  cases  where  ties  of  blood,  relationship 
or  trust  make  it  his  duty  to  do  so.  Stirring  up  strife  and  liti- 
gation is  not  only  unprofessional,  but  it  is  indictable  at  com- 
mon law.  It  is  disreputable  to  hunt  up  defects  in  titles  or  oth- 
er causes  of  action  and  inform  thereof  in  order  to  be  employed 
to  bring  suit,  or  to  breed  litigation  by  seeking  out  those  with 
claims  for  personal  injuries  or  those  having  any  other  grounds 
of  action  in  order  to  secure  them  as  clients,  or  to  employ 
agents  or  runners  for  like  purposes,  or  to  pay  or  reward,  di- 
rectly or  indirectly,  those  who  bring  or  influence  the  bring- 
ing of  such  cases  to  his  office,  or  to  remunerate  policemen, 
court  or  prison  officials,  physicians,  hospital  attaches  or  others 
who  may  succeed,  under  the  guise  of  giving  disinterested 
friendly  advice,  in  influencing  the  criminal,  the  sick  and  the 
injured,  the  ignorant  or  others,  to  seek  his  professional  serv- 
ices. A  duty  to  the  public  and  to  the  profession  devolves  up- 
on every  member  of  the  Bar,  having  knowledge  of  such  prac- 


CODE   OF  ETHICS.  XXIX 

tices  upon  the  part  of  any  practitioner,  immediately  to  inform 
lliereof  to  the  end  that  the  offender  may  be  disbarred. 

AniKtt. 

Stirring  up  litigation  and  otlier  unprofessional  conduct,  ground  for 
disbarment,  see  Attorney  and  Client,  Cent.  Dig.  §§  47-84 ;  Dec.  Dig.  §§ 
34-Gl. 

Barratry  in  general,  see  Champerty  and  Maintenance,  Cent.  Dig.  §§ 
1-51 ;  Dec.  Dig.  §§  1-6. 

29.  Upholding  the  Honor  of  the  Profession. 

Lawyers  should  expose  without  fear  or  favor  before  the 
proper  tribunals  corrupt  or  dishonest  conduct  in  the  profes- 
sion, and  should  accept  without  hesitation  employment  against 
a  member  of  the  Bar  who  has  wronged  his  client.  The  coun- 
sel upon  the  trial  of  a  cause  in  which  perjury  has  been  com- 
mitted owe  it  to  the  profession  and  to  the  public  to  bring  the 
matter  to  the  knowledge  of  the  prosecuting  authorities.  The 
lawyer  should  aid  in  guarding  the  Bar  against  the  admission 
to  the  profession  of  candidates  unfit  or  unqualified  because  de- 
ficient in  either  moral  character  or  education.  He  should 
strive  at  all  times  to  uphold  the  honor  and  to  maintain  the 
dignity  of  the  profession  and  to  improve  not  only  the  law  but 
the  administration  of  justice. 

Annot. 

Learning  and  good  character  as  necessary  qualifications  for  admis- 
sion to  pi-actice  law,  see  Attorney  and  Client.  Cent.  Dig.  §§  4.  5 ;  Dec. 
Dig.  §  4. 

Right  of  attorney  to  institute  disbarment  proceedings  against  broth- 
er attorney,  see  Attorney  and  Client,  Cent.  Dig.  §  67 ;  Dec.  Dig.  §  51. 

30.  Justifiable  and  Unjustifiable  Litigations. 

The  lawyer  must  decline  to  conduct  a  civil  cause  or  to  make 
a  defense  when  convinced  that  it  is  intended  merely  to  harass 
or  to  injure  the  opposite  party  or  to  work  oppression  or  wrong. 
But  otherwise  it  is  his  right,  and,  having  accepted  retainer, 
it  becomes  his  duty  to  insist  upon  the  judgment  of  the  Court 
as  to  the  legal  merits  of  his  client's  claim.  His  appearance  in 
Court  should  be  deemed  equivalent  to  an  assertion  on  his  hon- 


XXX  CODE   OF   ETHICS. 

or  that  in  his  opinion  his  cHcnt's  case  is  one  proper  for  judicial 
(Icterniination. 

A II  not. 

Nature  and  extent  of  attorney's  duty  as  to  bringing,  defending,  or 
conduct ing  civil  causes,  see  Attorney  and  Client,  Cent.  Dig.  §§  217, 
2L'0 ;  D(X'.  Dig.  S§  1(X>,  108. 

Hringing  lictitious  or  un:uitliorized  action  as  constituting  contempt, 
see  Coiitonii)f,  Cent.  Dig.  §  24. 

31.  Responsibility  for  Litigation. 

No  law  vcr  is  obliged  to  act  cither  as  adviser  or  advocate  for 
every  person  who  may  wish  to  become  his  chent.  He  has  the 
right  to  decline  employment.  Every  lawyer  upon  his  own 
responsibility  must  decide  what  business  he  will  accept  as 
counsel,  what  causes  he  will  bring  into  Court  for  plaintiffs, 
what  cases  he  will  contest  in  Court  for  defendants.  The  re- 
sponsibility for  advising  questionable  transactions,  for  bring- 
ing questionable  suits,  for  urging  questionable  defenses,  is  the 
lawyer's  responsibility.  He  cannot  escape  it  by  urging  as  an 
excuse  that  he  is  only  following  his  client's  instructions. 

Annot. 

Duties  and  liabilities  of  attorney  to  adverse  party  and  third  per- 
sons, and  instructions  of  client  as  excuse  for  conduct,  see  Attorney 
and  Client,  Cent.  Dig.  §§  .38,  39,  220 ;  Dec.  Dig.  §§  26.  108. 

Nature  of  attorney's  duty,  and  skill  and  care  required  in  conduct  of 
business,  see  Attorney  and  Client,  Cent.  Dig.  §§  217,  218;  Dec.  Dig.  §§ 
lOG,  107. 

32.  The  I/a\iryer's   Duty  in  Its   Last  Analysis. 

Xo  client,  corporate  or  individual,  however  powerful,  nor 
any  cause,  civil  or  political,  however  important,  is  entitled  to 
receive,  nor  should  any  lawyer  render,  any  service  or  advice 
involving  disloyalty  to  the  law  whose  ministers  we  are,  or  dis- 
respect of  the  judicial  office,  which  we  are  bound  to  uphold, 
or  corruption  of  any  person  or  persons  exercising  a  public 
office  or  private  trust,  or  deception  or  betrayal  of  the  public. 
When  rendering  any  such  improper  service  or  advice,  the  law- 
yer invites  and  merits  stern  and  just  condemnation.     Corre- 


CODE  OP   ETHICS.  XXXI 

spondingly,  he  advances  the  honor  of  his  profession  and  the 
best  interests  of  his  client  when  he  renders  service  or  gives 
advice  tending  to  impress  upon  the  cHent  and  his  undertaking 
exact  compHance  with  the  strictest  principles  of  moral  law. 
He  must  also  observe  and  advise  his  client  to  observe  the  stat- 
ute law,  though  until  a  statute  shall  have  been  construed  and 
interpreted  by  competent  adjudication,  he  is  free  and  is  enti- 
tled to  advise  as  to  its  validity  and  as  to  what  he  conscien- 
tiously believes  to  be  its  just  meaning  and  extent.  But  above 
all  a  lawyer  will  find  his  highest  honor  in  a  deserved  reputa- 
tion for  fidelity  to  private  trust  and  to  public  duty,  as  an  hon- 
est man  and  as  a  patriotic  and  loyal  citizen. 

Annot. 

Duties,  privileges,  disabilities,  and  lialiilities  of  attorneys  In  gen- 
eral, see  Attorney  and  Client,  Cent.  Dig.  §§  21,  26-29,  217-291 ;  Dec. 
Dig.  §§  18-21,  106-129. 

Acting  under  advice  of  counsel  as  defense  to  contempt  charge,  see 
Contempt,  Cent.  Dig.  §  82 ;  Dec.  Dig.  §  28  (2). 


RULES 


FOR 


ADMISSION  TO  THE   BAR 


(1)^ 


United  States  Courts. 

Supreme  Court. 

It  shall  be  requisite  to  the  admission  of  attorneys  or  counsel- 
ors to  practice  in  this  court  that  they  shall  have  been  such  for 
thrfee  years  past  in  the  highest  courts  of  the  states  to  which 
they  respectively  belong,  and  that  their  private  and  professional 
characters  shall  appear  to  be  fair.  The  prescribed  oath  shall 
be  taken. 

Sup.  Ct.  Rule  (32  Sup.  Ct.  Rep.  v). 

Circuit  Courts  of  Appeals. 

Although  the  rule  of  the  Circuit  Courts  of  Appeals  governing 
the  admission  of  attorneys,  as  adopted  primarily,  provides  that, 
to  become  eligible,  the  applicant  shall  have  been  admitted  to  the 
Supreme  Court  of  the  United  States,  or  any  District  Court  of 
the  United  States,  and  shall  have  taken  the  prescribed  oath, 
it  has  since  been  changed  to  some  extent  in  several  of  the  cir- 
cuits. In  the  Third  circuit,  the  clause  requiring  avowal  of  the 
oath  has  been  annulled,  as  respects  attorneys  of  the  District 
Court  of  the  Third  circuit ;  in  the  Fourth  circuit,  a  fee  of  $5 
is  required;  in  the  Fifth  and  Sixth  circuits,  a  fee  of  $10  is 
required ;  in  the  Sixth  circuit,  former  admission  to  the  high- 
est court  in  the  state  of  applicant's  residence  is  sufficient ; 
in  the  Eighth  circuit,  former  admission  to  the  highest  court 
of  any  state  within  that  circuit  is  sufficient  qualification;  and 
in  the  Ninth  circuit,  former  admission  to  a  District  Court  is 
limited  to  admission  to  a  District  Court  of  the  Ninth  cir- 
cuit, and  is  enlarged  to  the  extent  that  former  admission  in 
the  highest  court  of  any  state  or  territory  shall  constitute 
qualification. 

C.  C.  A.  Rule  and  amendments  thereto  150  Fed.  xxvii,  Ixi, 
Ixvii,  cxi;   202  Fed.  vi;   208  Fed.  vi. 

(3) 


4  uri.Ks  Fon  admission  to  the  r?AU. 

District  Courts. 

The  rules  for  admission  to  these  courts  vary.  Generally  at- 
torneys  who  have  been  admitted  to  practice  in  other  United 
States  courts  or  the  highest  courts  of  a  state  or  territory  are 
ehgible. 


FEDERAL  COURT  DECISIONS. 

U.  S.  Supreme  Court. 

A  complete  set  of  the  United  States  Supreme  Court  Reports 
(1790  to  1915)  consists  of  234  volumes.  Everything  subse- 
quent to  vol.  105  is  covered  by  the  Supreme  Court  Reporter  (of 
the  National  Reporter  System)  in  a  set  of  34  volumes.  The 
Supreme  Court  Reporter  makes  currently  one  volume  a  year, 
covering  all  the  current  decisions  filed  by  the  court,  and  is  sup- 
plied to  subscribers  in  advance  sheets  as  published ;  these  being- 
displaced  at  the  end  of  the  year  by  a  bound  volume  which  con- 
tains everything  in  the  official  edition,  and  is  equipped  with  a 
table  giving  the  official  page  references. 

There  is  another  edition  of  the  United  States  Reports,  giv- 
ing vols.  1  to  234  in  58  books. 

U.  S.  Circuit  Courts  of  Appeals. 

These  courts  were  established  in  1891,  and  all  opinions  from 
the  beginning  have  been  reported  currently  in  the  Federal  Re- 
porter. (See  below.)  The  back  volumes  of  this  set,  therefore, 
incorporate  all  the  reported  decisions  from  these  nine  courts. 
and  the  current  numbers  give  the  first  report  of  the  current  de- 
cisions. 

The  deci'^ions  are  reported  separately  in  the  C.  C.  A.  Reports, 
of  which  129  volumes  are  now  completed. 


RULES    FOR    ADMISSION    TO    THE    BAR.  O 

U.  S.  Commer-ce  Court. 

This  court  was  established  in  1911,  and  all  opinions  from 
tlie  beginning  have  been  reported  in  the  Federal  Reporter. 
The  court  was  abolished  in  1913. 

U.  S.   circuit  and   District    Courts. 

The  early  decisions  of  these  courts  were  never  systematically 
reported  until  they  were  gathered  together  for  the  elaborate  re- 
print known  as  the  Federal  Cases.  This  includes  all  decisions 
from  the  establishment  of  the  courts,  1789  to  1880,  including  all 
cases  reported  in  the  original  Reports  or  in  contemporary  jour- 
nals, etc.,  and  also  thousands  of  cases  never  before  reported. 
They  are  arranged  alphabetically,  show  every  known  citation, 
and  are  fully  annotated.    The  set  makes  30  books  and  a  digest. 

From  1880  the  decisions  of  these  courts  have  been  systemat- 
ically and  currently  reported  in  the  Federal  Reporter,  which 
now  (1915)  has  completed  216  volumes.  This  is  the  only  pub- 
lication which  reports  these  important  cases  systematically,  and 
it  is  practically  the  official  organ  of  the  courts.  The  current 
volumes  are  supplied  to  subscribers  first  in  weekly  advance 
sheets,  which  are  afterwards  displaced  by  the  bound  volumes. 
This  set  connects  with  the  Federal  Cases,  the  two  series  making 
a  complete  record  of  the  U.  S.  Circuit  and  District  Court  deci- 
sions. 

In  1801  the  scope  of  the  publication  was  extended  to  include 
the  newly-established  Circuit  Courts  of  Appeals. 

In  1911  the  scope  of  the  publication  was  extended  to  cover 
the  newly-established  Commerce  Court. 

Prices  and  full  information  given  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Alabama. 

Citizenship— Residence— Age—Character. 

The  rules  for  admission  to  the  bar  in  this  state  provide  that 
the  applicant  shall  be  a  citizen  of  the  United  States  and  a  resi- 
dent of  Alabama,  of  full  age  and  of  good  moral  character. 

'Who  may  Apply  for  Liicense. 

Any  person  satisfying"  the  above  requirements,  who  shall 
have  studied  law  for  18  months,  may  make  written  application 
to  the  chancery,  circuit,  or  city  court  in  the  county  of  his  resi- 
dence, and  the  applicant's  qualifications,  other  than  legal,  shall 
be  passed  upon  by  the  court.  If  applicant's  qualifications,  oth- 
er than  legal,  are  satisfactory,  certificate  to  that  effect  will  be 
forwarded  by  the  court  to  the  clerk  of  the  Supreme  Court,  and 
by  him  delivered  to  the  chairman  of  the  Board  of  Examiners. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

At  the  regular  meetings  of  the  Board  of  Examiners,  which 
shall  be  held  at  the  Capitol  on  the  second  Tuesdays  in  Febru- 
ary and  July,  all  api)licants  whose  names  shall  have  been  pre- 
sented to  the  chairman  as  being  possessed  of  all  the  necessary 
qualifications  except  legal  learning,  and  who  shall  have  paid  to 
the  clerk  of  the  Supreme  Court  the  fee  of  $10,  may  be  exam- 
ined. The  examination  shall  be  in  writing,  and  shall  consist  of 
questions  upon  the  following  subjects :  The  Law^  of  Real  Prop- 
erty.  Personal  Property,  Pleading  and  Evidence,  Commercial 
Law,  Criminal  Law,  Chancery  and  Chancery  Pleadings,  the 
Statute  Law  of  the  State,  the  Constitutions  of  the  Unitcl 
States  and  the  State  of  Alabama,  the  PoHtical  History  of 
the  United  States  and  the  Formation  of  Constitutional  Govern- 
ments Therein,  and  the  subject  of  Professional  Ethics.  Ev- 
ery examination  shall  be  substantially  dififerent  from  any  ex- 

(6) 


RULES   FOR  ADMISSION   TO  THE  BAR.  7 

amination  previously  held,  so  that  applicants  cannot  by  the 
study  of  any  previous  examination  qualify  themselves  to  pass. 
Examination  papers  shall  be  duly  passed  upon  by  the  Board  of 
Examiners,  and  those  which  are,  in  the  opinion  of  the  majority 
of  the  board,  sufficient  to  entitle  the  applicant  to  admission, 
shall  be  delivered  to  the  clerk  of  the  Supreme  Court,  and  by 
him  presented  to  one  of  the  judges  of  the  Supreme  Court.  Li- 
cense will  thereupon  be  issued  to  the  successful  applicant. 
Those  applicants  who  fail  to  pass  the  examination  may  be 
permitted  to  make  another  application  after  the  expiration  of 
six  months  upon  paying  the  stipulated  fee  of  $10. 

Adniissiou  of  Attorneys   from  Other  Jurisdictions. 

Any  attorney  removing  to  this  state,  who  has  practiced  be- 
fore the  Supreme  Court  of  another  state  for  two  years,  may 
be  admitted  to  practice  in  all  the  courts  of  this  state  upon  mo- 
tion before  the  Supreme  Court,  supported  by  such  evidence  of 
his  qualifications  and  legal  learning  as  the  court  may  consider 
sufficient  to  entitle  him  to  admission. 

Miscellaneous. 

Minors  may  be  licensed  by  fulfilling  the  above  requirements, 
if  deemed  by  the  court  of  sufficient  maturity,  character,  and  at- 
tainments. 

Attorneys  at  law  residing  in  other  states,  having  a  license  to 
practice  law  therein,  may  practice  in  any  of  the  courts  of  this 
state,  when  by  law  the  attorneys  of  this  state  are  permitted  to 
practice  in  such  state. 

Admission  on  Diploma. 

A  diploma  from  the  University  of  Alabama,  conferring  the 
degree  of  Bachelor  of  Law'S,  admits  without  examination,  upon 
proof  of  other  qualifications  required  by  the  statute. 

Source  of  Rules. 

Civ.  Code  1907,  §  2972  et  seq.;  Rules  Sup.  Ct. 


8  BULIiS    FOU    ADMISSION    TO    THE    BAR. 

ALABAMA  DECISIONS. 

1820  to  1915. 

A  complete  set  of  Alabama  Reports  (down  to  1915)  con- 
sists of : 

Minor,  1  vol. 

Stewart,  3  vols. 

Stewart  &  Porter,  5  vols. 

Porter,  9  vols. 

Alabama,  vols.  1  to  181. 

Alabama  Appellate,  vols.  1  to  10. 
We  have  reprinted  the  Alabama  Reports,  vols.  1  to  80  and 
the  18  preliminary  volumes,  in  a  series  of  49  books  (3  vols,  in 
a  book).  This  Reprint  preserves  everything  (including  the 
paging)  in  the  original  Reports.  Each  case  is  fully  annotated, 
showing  where  such  case  has  been  subsequently  cited  by  the 
Alabama  Supreme  Court,  as  well  as  prior  and  subsequent  re- 
ports of  the  same  case,  and  also  showing  the  disposition  of  each 
case  that  has  gone  to  the  United  States  Supreme  Court.  Anno- 
tations to  the  Century  Digest  have  also  been  made,  showing,  in 
connection  with  each  case,  the  exact  places  in  the  Century  Di- 
gest where  the  cognate  authorities  have  been  collected  and 
compared,  thus  bringing  together  all  the  law  applicable  to  any 
particular  case.  This  Reprint  is  sold  in  complete  sets  only. 
Write  for  prices  and  specific  information. 

A  large  number  of  the  Alabama  Reports  subsequent  to 
volume  81  are  out  of  print,  and  are  very  scarce  and  expensive. 
The  only  convenient  method  of  obtaining  the  later  Alabama 
decisions  is  through  the  Southern  Reporter,  65  vols.  This  set 
contains  all  decisions  in  Alabama,  vols.  81  to  181,  and  Ala- 
bama Appellate,  vols.  1  to  10,  in  addition  to  a  number  of  Ala- 
bama cases  which  are  not  reported  in  the  official  reports ;  also 


RULES    FOR    ADMISSION    TO    THE    BAR.  9 

all  decisions  for  the  last  28  years  of  Florida,  Louisiana,  and 
Mississijjpi.  Tables  of  cross-citations  furnished  with  the 
Southern  make  it  a  simple  matter  to  find  the  cases,  even  if 
cited  by  the  State  Report  vohime  and  page.  The  set  and 
continuations  are  sold  at  a  fraction  of  the  cost  of  the  State 
Reports  covered.  In  fact,  the  cost  of  continuing  the  Ala- 
bama Reports  alone  is  in  excess  of  the  cost  of  continuing  the 
Southern  Rej^orter.  Prices  and  full  information  will  be  fur- 
nished on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Alaska. 


Citizenship — Residence^Age— Character. 

One  applying  for  admission  to  practice  in  this  district  shall 
be  a  citizen  of  the  United  States,  or  one  who  has  declared  his 
intention  of  becoming  such,  a  resident  of  the  district,  21  years 
of  age,  and  of  good  moral  character. 

Examination — Regulations — Scope — Fee. 

The  application,  stating  the  foregoing  qualifications,  shall  be 
filed  with  tlie  district  court.  The  judges  thereof,  or  their  ap- 
pointees, shall  examine  the  candidate  as  to  his  legal-  attain- 
ments, and  the  court  sliall  administer  the  prescribed  oath  of 
office  if  the  examiners  so  advise.  A  fee  of  $10  shall  be  de- 
posited with  the  clerk  issuing  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Whenever  an  applicant  shall  produce  evidence  of  previous 
admission  in  the  highest  court  of  a  state  or  territory  of  the 
United  States,  or  in  the  Supreme  Court  or  a  Circuit  Court  of 
the  United  States,  such  apphcant  may  be  admitted  without  fur- 
ther examination. 

Misoellaneons. 

Women  shall  be  admitted  to  practice  in  this  district  upon  the 
same  conditions  as  men. 

Source  of  Rules. 

31  Stat.  p.  333,  §  32,  and  page  448,  §§  733-736;  Carter's 
Codes,  pt.  3,  c.  1,  §  32,  and  part  4,  c.  75. 

(10) 


RULES   FOR   ADMISSION   TO   THE   BAR.  11 

ALASKA  DECISIONS. 

1884  to  1914. 

There  are  four  volumes  of  Alaska  Reports  to  date,  covering 
from  the  organization  of  Alaska  as  district  court  in  1884  to 
1914. 

The  earlier  cases  which  arose  in  Alaska  are  reported  in  the 
Federal  Cases  and  Federal  Reporter.  Write  us  for  prices  and 
full  information  regarding  the  Alaska  Reports, 

West  Publishing  Co.,  St.  Paul,  Minn. 


Arizona. 


Citirenslilp— Residence— Age— Character. 

The  candidate  for  admission  to  the  bar  of  this  state  must 
be  a  citizen  of  the  United  States,  a  resident  of  this  state, 
21  years  of  age,  and  of  good  moral  character,  which  last 
shall  be  certified  to  by  some  reputable  attorney  of  this  state. 

Application — Wlien  to  be  Filed. 

Applications  should  be  filed  with  the  secretary,  A.  C. 
Baker,  Phoenix,  Ariz.,  at  least  four  weeks  before  the  ex- 
amination. Such  application  must  contain  statements  as  to 
the  (|ualifications  mentioned  above  and  below ;  also  as  to  pres- 
ent residence  and  place  of  residence  during  preceding  three 
years,  place  and  character  of  scholastic  or  general  education, 
and  place  and  period  of  study  of  law.  Applicant  must  also 
state  that  he  intends,  if  admitted,  to  reside  and  practice  law  in 
this  state.  The  receipt  of  the  clerk  of  the  Supreme  Court 
showing  that  the  examination  fee  of  $10  has  been  paid,  must 
be  filed  with  the  application. 

Term  of  Study. 

A  three  years'  course  of  study  is  required,  to  be  pursued 
either  in  the  office  of  some  attorney  in  good  standing  or  in 
some  recognized  law  school  or  university.  Certificate  of  such 
attorney  or  of  the  dean  of  such  law  school  must  be  produced 
as  proof  of  the  term  of  study. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Two  sessions  annually  are  held  at  Phoenix  by  the  Board 
of  Examiners — one  in  October  and  one  in  April.  Notice  of 
the  exact  date  will  be  given  through  the  press  of  the  state. 

(12) 


RULKS   FOR   ADMISSION   TO   THE   BAR.  13 

or,  upon  request,  by  the  secretary  of  the  board.  The  ap- 
l)iicaiit  shall  be  required  to  submit  to  a  written  examination, 
arid  to  an  oral  one,  if  deemed  necessary,  and  shall  be  required 
to  answer  correctly  a  minimum  of  70  per  cent,  of  the  questions 
propounded,  in  order  to  entitle  him  to  the  certificate  of  the 
Board  of  Examiners.  Examinations  will  be  upon  the  prin- 
ciples of  the  common  law  applicable  to  Real  Property,  Torts, 
Evidence,  Pleading,  Contracts,  Negotiable  Instruments,  Crim- 
inal Law,  Equity,  and  such  other  subjects  as  the  board  may 
from  time  to  time  select.  Prior  to  examination  applicant 
shall  pay  to  the  clerk  of  the  Supreme  Court  a  fee  of  $10,  and 
an  additional  fee  of  $10  shall  be  paid  on  receipt  of  license  to 
practice.  Applicants  who  successfully  pass  the  .examination 
will  receive  a  certificate  from  the  Board  of  Examiners,  which, 
when  presented  to  the  Supreme  Court,  will  entitle  them  to  a 
license.  Any  applicant  failing  to  pass  the  examination  may 
apply  again  after  six  months. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  applicant  residing  within  or  without  the  state,  who 
has  been  a  member  of  the  bar  of  another  territory  or  state, 
or  of  the  District  of  Columbia,  in  good  standing  and  active 
practice  for  at  least  three  years  last  past,  may,  in  the  discre- 
tion of  the  Supreme  Court  be  admitted  on  motion  made  by 
some  member  of  the  bar  of  the  Supreme  Court,  upon  pro- 
ducing a  certificate  showing  the  fact  of  such  admission  and 
that  he  is  still  in  good  standing  in  that  court,  together  with 
the  recommendation  of  at  least  one  of  the  judges  of  said 
court  of  last  resort.  A  fee  of  $10  shall  be  paid  for  the  issu- 
ance of  a  license. 

Source  of  Rules. 

Civ.  Code  1913,  pars.  262-269;  Rules  of  Board  of  Ex- 
aminers. 


14  RULES  FOR  ADMISSION  TO  THE   BAR. 

ARIZONA  DECISIONS. 

1866  to  1915. 

A  complete  set  of  Arizona  Reports  (down  to  1915)  consists 
of  14  vols.  All  the  decisions  in  vols.  1  to  14  and  all  other  Ari- 
zona decisions  are  reported  in  the  Pacific  Reporter,  143  vols., 
together  with  all  decisions  for  the  last  32  years  from  Califor- 
nia, Colorado,  Idaho,  Kansas,  Montana,  Nevada,  New  Mexico, 
Oklahoma,  Oregon,  Utah,  Washington,  and  Wyoming. 

The  Pacific  Reporter,  being  the  only  medium  through  which 
the  Arizona  decisions  may  be  had  currently,  is  absolutely  es- 
sential to  the  local  practitioner.  We  will  quote  prices,  etc.,  on 
application. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Arkansas. 


Citizenship — Residence — Age — Character. 

Every  male  citizen,  who  is  a  bona  fide  resident  of  the  state, 
21  years  of  age,  and  of  good  moral  character,  is  eligible  to 
examination  and  admission  to  the  bar  in  this  state. 

Application — Examination — Regulations — Scope— Time  of  Hold- 
ing. 

The  application,  containing  sworn  statements  of  petition- 
er's general  qualifications  enumerated  above,  shall  be  filed 
with  the  clerk  of  the  Supreme  Court  at  Little  Rock,  Ark.,  and 
passed  upon  by  the  court,  and  if  satisfactory  shall  be  followed 
by  a  test  in  open  court  of  the  applicant's  legal  attainments. 
Such  tests  are  conducted  by  a  committee  appointed  annually 
by  the  court,  and  are  held  in  the  Supreme  Court  room  at 
Little  Rock  on  the  first  Mondays  in  January,  April,  July,  and 
October,  and  at  no  other  time.  Petitioners  must  file  their  ap- 
plications at  least  one  week  before  the  day  on  which  they  are 
to  be  examined.  In  the  discretion  of  the  court,  based  on  a 
result  of  the  test,  the  oath  prescribed  by  law  shall  be  admin- 
istered and  the  applicant  admitted  to  practice  in  that  couit. 

Admission  in  Supreme  Court. 

License  to  practice  in  the  circuit  courts  of  the  state  does 
not  entitle  the  holder  to  admission  in  the  Supreme  Court 
without  examination.  All  applicants,  whether  licensed  to  prac- 
tice in  circuit  courts  or  not,  are  required  to  be  examined. 
Applicants,  however,  who  are  regular  practitioners  in  the  cir- 
cuit court,  may  make  application  at  any  time  the  Supreme 
Court  is  in  session.  The  committee  holds  examinations  for 
such  persons  on  the  last  Saturday  in  each  month.  License 
to  practice  in  the  Supreme  Court  entitles  the  holder  to  prac- 
tice law  in  all  the  other  courts  of  the  state. 

(15) 


16  niT.Ks  Fon  admission  to  the  bar. 

Attorneys  from  Other  States. 

License  to  practice  in  the  courts  of  other  states  is  not  rec- 
ognized as  a  ground  for  admission  to  practice  in  any  of  the 
courts  of  tliis  state. 

Admission  on  Diploma. 

A  diploma  from  the  law  department  of  the  University  of 
Arkansas  admits  the  holder  to  practice  without  examination, 
upon  payment  to  the  clerk  of  the  Supreme  Court  of  the  fees 
provided  hy  law,  aggregating  $15. 

Source  of  Rules. 

Kirby's  Dig.  §§  441-444,  3489;    Rules  Sup.  Ct. 


ARKANSAS  DECISIONS. 

1837  to  1915. 

A  complete  set  of  Arkansas  Reports  (down  to  1915)  consists 
of  110  vols.  All  decisions  in  Arkansas,  vols.  47  to  110,  are  re- 
ported in  the  Southwestern  Reporter,  169  vols.  The  Arkansas 
Reports  are  partly  out  of  print,  and  are  scarce  and  rather  ex- 
pensive. The  Southwestern  Reporter  is  the  only  convenient 
method  of  obtaining  the  late  decisions  of  Arkansas.  It  also 
covers  all  decisions  for  the  last  29  years  from  the  Indian  Ter- 
ritory, Kentucky,  Missouri,  Tennessee,  and  Texas.  The  tables 
of  cross-citations  furnished  with  the  Southwestern  make  it  a 
simple  matter  to  tind  the  cases,  even  if  cited  by  the  State  Re- 
port page  and  volume.  We  will  gladly  furnish  full  description 
and  prices  on  application. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Colorado. 


Citizenship — Residence — Age — Character. 

To  entitle  an  applicant  to  the  examination  for  a  license,  he 
must  prove  to  the  satisfaction  of  the  committee  of  examiners 
that  he  is  a  citizen  of  the  United  States,  or  has  declared  his  in- 
tention, a  resident  of  this  state,  stating  his  address,  of  full 
age,  stating"  his  age,  and  of  good  moral  character. 

General  Education. 

The  applicant  must  present  a  30-count  certificate  from  the 
regents  of  the  University  of  New  York,  or  must  satisfy  the 
committee  that  he  has  graduated  from  an  approved  high  or 
preparatory  school,  or  has  been  admitted  as  a  regular  student 
in  an  approved  college  or  university,  or  that  before  entering 
upon  his  law  studies  he  had  passed  an  examination  before  the 
state  superintendent  of  public  instruction  in  the  following  sub- 
jects :  English  Literature,  Civil  Government,  Algebra  to  Quad- 
ratic Equations,  Plane  Geometry,  General  History,  History  of 
England,  and  the  History  of  the  United  States. 

Term  of  Study. 

A  regular  clerkship  shall  be  served  in  the  office  of  a  practi- 
cing attorney  of  the  Supreme  Court  of  this  state  after  the  age 
of  18  has  been  reached,  or  after  such  age  a  course  of  study  in 
an  approved  law  school  shall  be  pursued,  before  permission  will 
be  granted  to  enter  upon  the  examination.  The  duration  of 
the  period  so  spent  shall  be  three  years,  and  may  be  apportioned 
between  the  two  modes  of  study. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
irdding. 

The  committee  of  examiners  shall  consist  of  five  members 
of  the  bar,  each  of  five  years'  standing.     Such  committee  will 

(21) 


22  RULES  FOR  ADMISSION  TO  THE   BAR. 

hold  examinations  twice  a  year  during  the  months  of  June  and 
December,  at  the  Supreme  Court  rooms  at  Denver.  Before 
examinatiun  the  candidate  shall  satisfy  the  committee  that  he 
has  not  under.^one  an  examination  for  a  license  to  practice,  and 
been  refused  admission,  within  six  months  immediately 
preceding.  He  must  also  satisfy  the  committee  that  he  pos- 
sesses the  necessary  educational  qualifications,  as  outlined 
above,  and  that  he  has  studied  law  according  to  the  conditions 
above  prescribed.  The  test  shall  consist  of  oral  or  written 
questions  and  answers,  or  partly  oral  and  partly  written,  as  the 
board  of  examiners  may  select.  A  fee  of  $20  shall  be  paid  to 
the  clerk  of  the  Supreme  Court  before  license  is  issued. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  duly  licensed  to  practice  in  the  highest  court  of  a  for- 
eign state  or  country,  and  who  has  practiced  therein  for  five 
years,  may  be  admitted  in  this  state  with  or  without  examina- 
tion, in  the  discretion  of  the  Supreme  Court,  provided  that  the 
requirements  in  said  state  or  country  are  equal  to  those  in  this 
state.  This  proviso  does  not  apply  to  an  attorney  of  ten  years' 
standing  in  the  highest  court  of  another  jurisdiction,  however. 
Such  person  may  be  admitted  upon  furnishing  satisfactory 
proof  of  having  fulfilled  the  qualifications  as  to  citizenship, 
residence,  age,  and  character,  together  with  a  statement  of  tlie 
community  in  which  he  resided  and  practiced  for  the  five  years 
next  preceding  the  date  of  his  application,  and  a  certificate  of 
recommendation  from  one  of  the  judges  of  the  highest  court 
of  such  community,  or,  in  heu  of  a  certificate,  such  evidence  of 
character  and  qualifications  as  may  be  satisfactory  to  the  ex- 
amining committee.  The  committee  shall  be  entitled  to  hold 
the  application  60  days  for  the  purpose  of  investigating  the 
character  and  qualifications  of  the  applicant. 

An  attorney  who  has  practiced  in  the  highest  court  of  anoth- 
er state  or  country  for  two  years  may  be  admitted  to  examina- 


RULES   FOR  ADMISSION   TO  THE   BAR.  23 

tion  after  a  period  of  one  year's  law  study  within  this  state, 
said  law  study  to  be  pursued  after  the  period  of  practice  has 
been  completed. 

No  person  shall  be  admitted  to  practice  in  this  state  upon 
proof  of  admission  in  some  other  state,  if  at  the  time  of  such 
admission  he  was  a  citizen  of  this  state. 

Miscellaneous. 

No  person  shall  be  denied  a  license  to  practice  as  aforesaid 
on  account  of  race  or  sex. 

In  the  oath  required  of  the  applicant,  he  shall  agree  to  com- 
mence the  practice  of  law  in  this  state  within  three  months 
from  the  date  of  admission  and  to  make  the  same  his  perma- 
nent and  usual  occupation.  He  shall  state,  also,  that  he  has 
never  been  disbarred  by  any  court  of  record  and  that  he  has 
never  been  convicted  of  felony. 

Source  of  Rules. 

Rev.  St.  1908,  §  229  et  seq. ;  Sup.  Ct.  Rules  39-47  (80  Pac. 
xi-xiii). 


COLORADO  DECISIONS. 

1864  to  1915. 

A  complete  set  of  Colorado  Reports  (down  to  1915)  con- 
sists of : 

Colorado  Supreme,  56  vols.,  1864  to  1915. 

Colorado  Appeals,  25  vols.,  1891  to  1905,  1911  to  1915. 

All  the  decisions  in  Colorado  Supreme,  vols.  7  to  56,  and  all 

decisions  of  the  Colorado  Court  of  Appeals,  are  reported  in  the 

Pacific  Reporter,  143  vols.,  together  with  all  decisions  for  the 

last  32  years  from  Arizona,  California,  Idaho,  Kansas,  Mon- 


24  RUI.ICS    FOU    ADMISSION    TO    THE    BAR. 

tana,  Nevada,  New  Mexico,  Oklahoma,  Oregon,  TJtah,  Wash- 
ington, and  Wyoming.  Tables  of  cross-citations  make  the 
cases  perfectly  available,  however  cited. 

Owing  to  the  large  amount  of  mining  litigation  in  Colorado, 
the  Pacific  is  of  particular  importance  there,  as  it  contains  the 
decisions  of  all  the  West  Coast  states,  in  which  the  same  ques- 
tions are  likely  to  have  arisen.  Write  for  prices  and  full  infor- 
mation. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Connecticut 


Citizenship — Residence — Age — Character. 

Tlie  candidate  for  admission  to  the  bar  shall  prove  to  the  sat- 
isfaction of  the  committee  that  he  is  a  citizen  of  the  United 
States,  ;;,*1  years  of  age,  and  of  good  moral  character,  provided 
that,  in  case  he  shall  reach  his  majority  before  the  next  semi- 
annual meeting  of  the  committee,  he  shall  be  admitted  to  the 
examination  and,  upon  recommendation,  admitted  to  practice 
after  he  shall  become  21. 

Application — Fee. 

Previous  to  the  examination  an  application,  on  blank  forms 
furnished  by  the  clerk  of  the  superior  court,  and  accompanied 
by  a  fee  of  $10,  shall  be  filed  with  the  clerk  of  the  superior 
court  where  the  examination  is  held,  containing  a  certificate 
from  the  clerk  of  the  superior  court  of  the  county  in  which  he 
intends  to  apply  (which  must  be  the  county  in  which  he  re- 
sides, if  a  resident  of  the  state ;  if  not,  the  county  in  which 
he  pursued  his  studies,  or  intends  to  reside),  stating  that  the 
candidate  has  filed  an  application,  accompanied  by  a  certificate 
of  good  moral  character  signed  by  two  members  of  the  bar 
of  at  least  five  years'  standing,  on  or  before  May  1st  for  the 
June  examination,  and  on  or  before  December  1st  for  the 
December  examination,  and  that  it  was  approved  by  the  bar 
of  the  county. 

General  Education. 

The  candidate  shall  satisfy  the  committee  that  before  be- 
ginning the  Study  of  law  he  has  graduated  from  a  high  school, 
college,  or  preparatory  school  of  approved  standing,  or  has 
been  admitted  to  a  college  or  law  school,  the  requirements 
for  entrance  to  which  shall  be  approved  by  the  committee,  or, 

(25) 


26  RULES  FOR   ADMISSION  TO  THE   BAR. 

in  the  absence  of  these  qualifiations,  shall  pass  an  examina- 
tion upon  his  literary  qualifications  before  the  committee. 
Such  examination  will  cover  the  following  subjects:  Geog- 
raphy (including  Physical  Geography),  English  Grammar  and 
Composition.  English  Literature,  Civil  Government  in  the 
United  States,  and  the  Text  of  the  Constitution  of  the  United 
States,  American  History,  English  History,  Modern  History, 
Mediaeval  History,  Ancient  History,  Greek  History,  Roman 
History,  Arithmetic,  Elementary  Algebra  through  Quadratics, 
Plane  Geometry  and  Elementary  Physics.  A  fee  of  $5  must 
be  paid  in  case  such  examination  is  necessary. 

Term  of  Study. 

He  siiall  certify  to  the  committee  that  after  arriving  at  the 
age  of  18  he  has  studied  for  three  years  in  a  law  school  or 
in  an  office  under  the  supervision  of  a  practicing  attorney,  or 
both,  provided  that,  in  the  case  of  those  not  graduates  of  a  law 
school,  at  least  one  year  of  such  study  shall  be  spent  in  this 
state. 

Examinations  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  at  10  a.  m.  in  the  Supreme  Court 
room  at  Hartford  on  the  Friday  after  Christmas  (if  this  or  the 
following  day  is  New  Years,  then  the  second  day  before  New 
Years),  and  at  New  Haven  on  the  fourth  Thursday  before  the 
last  Wednesday  of  June  at  the  Yale  Law  School  Building,  at 
the  same  hour. 

Such  examinations  are  in  writing,  conducted  by  a  com- 
mittee consisting  of  15  members  of  the  bar,  and  cover  the 
following  subjects:  Contracts  (including  the  law  of  Agency, 
Arbitration  and  Award,  Bailments,  Carriers,  Insurance,  Ne- 
gotiable Paper,  Partnership,  Principal  and  Surety,  Sales  and 
the  Statutes  of  Frauds  and  Limitations),  Real  Property,  Eq- 


RULES    FOR    ADMISSION    TO    THE    BAR.  27 

uity,  Torts,  Evidence,  Pleading  and  Practice  (including  Com- 
mon-Law and  Code  Pleading  and  the  Connecticut  Practice 
Act  and  Rules  of  Practice),  Criminal  Law  and  Procedure, 
Constitutional  Law,  Corporations  (public  and  private),  Per- 
sons and  Domestic  Relations,  Wills  and  Administratien,  Legal 
Ethics  and  the  Constitution  and  Statutes  of  Connecticut.  In 
case  of  success  in  the  test  a  fee  of  $5  shall  be  deposited  with 
the  clerk  who  issues  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  licensed  in  the  highest  court  of  another  state 
may  be  admitted  to  examination  upon  satisfactory  proof  that 
he  has  been  duly  admitted  in  such  state  and  has  resided  there- 
in for  at  least  one  year  immediately  previous  to  his  admission ; 
that  he  is  a  citizen  of  the  United  States  and  a  resident  of  the 
slate,  or  intends  to  become  a  resident,  21  years  of  age,  and  of 
good  moral  character;  that  he  has  filed  with  the  clerk  of  the 
superior  court  of  the  county  in  which  the  examination  is  to  be 
held  a  certificate  from  the  clerk  of  the  superior  court  of  the 
county  in  which  he  intends  to  apply  (which  must  be  the  county 
in  which  he  resides  or  intends  to  reside),  stating  that  the  candi- 
date has  filed  an  application,  accompanied  by  a  certificate  of 
good  moral  character  signed  by  two  members  of  the  bar  of  at 
least  five  years'  standing,  or  a  certificate  signed  by  two  judges 
of  the  highest  court  of  original  jurisdiction  in  the  state  in  which 
he  last  practiced,  on  or  before  May  1st  for  the  June  examina- 
tion, and  on  or  before  December  1st  for  the  December  exam- 
ination; and  that  such  application  has  been  approved  by  the 
bar  of  the  county.  One  such  who  has  practiced  for  three  years 
before  the  bar  of  another  state  may  be  admitted  without  ex- 
amination upon  vote  of  the  bar  of  the  county  in  which  he  ap- 
plies (which  must  be  the  county  in  which  he  resides  or  intends 
to  reside),  provided  he  possesses  the  general  qualifications  re- 
quired of  other  applicants  and  has  filed  with  the  clerk  of  the 


28  Ul  I.KS    KOU    ADMISSION    TO    THE    BAR. 

superior  court  of  such  county  notice  of  his  intention  to  apply, 
together  with  a  certilicate  of  good  moral  cliaracter  as  ahove 
rc(iuiretl. 

Miscellaneous. 

It  shall  he  the  duty  of  every  attorney  in  this  state  who  takes 
a  pupil  lor  instruction  to  register  the  name  and  the  date  of  the 
heginning  of  study  of  such  pupil,  and  the  computation  of  the 
term  of  study  shall  commence  with  such  registration. 

Sonrce  of  Rules. 

Rules  Super.  Ct. 


CONNECTICUT  DECISIONS. 

1785  to  1915. 

A  complete  set  of  Connecticut  Reports  (down  to  1915)  con- 
sists of : 

Kirby,  1  vol. 

Root,  3  vols. 

Day,  0  vols. 

Connecticut,  87  vols. 
The  Atlantic  Reporter,  91  vols.,  contains  all  decisions  from 
and  including  vol.  53  Conn.,  and  also  all  decisions  for  the  past 
30  years  for  Delaware,  Maine,  Maryland,  New  Hampshire, 
New  Jersey,  Pennsylvania,  Rhode  Island,  and  Vermont.  It 
contains,  also,  hundreds  of  decisions  omitted  from  the  State 
Reports.  Tables  of  cross-citations  make  the  cases  perfectly 
available,  however  cited.  We  will  be  pleased  to  furnish  spe- 
cific information  and  prices  on  application. 

West  Publisiiing  Co.,  St.  Paul,  Minn. 


Delaware. 


Citizenship — Residence — Age — Character. 

The  candidate  shall  be  a  resident  of  this  state,  of  full  age, 
and  of  good  moral  character. 

General  Education. 

No  person  shall  be  registered  in  any  county  as  a  student 
of  law,  except  upon  certificate  of  the  Board  of  Examiners  for 
that  county  to  the  effect  that  he  is  a  resident  of  the  state,  of 
good  character,  and  has  been  found  to  be  qualified  to  com- 
mence the  study  of  the  law  ;  and  for  the  purpose  of  testing  his 
qualifications,  he  shall  be  examined  upon  the  following  sub- 
jects: (a)  English  Composition  and  Literature,  not  beyond 
what  is  required  for  admission  to  Delaware  College  as  a  stu- 
dent in  the  course  leading  to  a  degree  of  Bachelor  of  Arts, 
(b)  Modern  Geography,  (c)  Mathematics :  Arithmetic,  Alge- 
bra (not  beyond  quadratic  equations),  and  Plane  Geometry, 
(d)  History  of  the  United  States,  (e)  English  History,  (f) 
General  History,  (g)  Latin,  so  far  as  to  have  read  the  first 
four  books  of  Csesar's  Commentaries,  or  an  equivalent  amount 
of  some  other  standard  author,  (h)  And  shall  also  satisfy  the 
Board  of  Examiners  that  he  has  read  the  introduction  to 
Blackstone's  Commentaries  and  the  first  eight  chapters  of  "A 
Popular  and  Practical  Introduction  to  Law  Studies,"  by  Sam- 
uel Warren.  Provided,  that  such  preliminary  examination 
shall  not  be  required  of  an  applicant  for  registration  who,  not 
more  than  five  years  before  making  his  application,  has  been 
graduated  from  a  college  or  university  approved  by  the  Board 
of  Examiners  of  the  county,  and  who  either  before  or  dur- 

(29) 


30  RULES    FOR    ADMISSION    TO    THE    BAR. 

iiig  his  course  of  study  at  such  college  or  university  has  passed 
an  examination  covering  the  subjects  of  study  hereinabove 
nicnlioncd.  And  provided,  also,  that  such  applicant  shall  sat- 
isfy the  Board  of  Examiners  that  he  has  read  the  introduc- 
tion to  Black-stone's  Commentaries  and  the  first  eight  chap- 
ters of  "A  Popular  and  Practical  Introduction  to  Law  Stud- 
ies," by  Samuel  Warren.  Such  certificate  shall  be  indorsed 
with  the  approval  of  one  of  the  judges  of  the  Superior  Court 
and  filed  with  the  prothonotary  of  the  county  in  which  the 
student  is  registered  and  recorded  in  the  continuance  docket. 

Term  of  Study. 

A  preliminary  term  of  study  of  three  years  in  the  office  of 
a  practicing  attorney  of  ten  years'  standing  in  this  state  shall 
be  pursued  after  the  filing  of  the  certificate  above  mentioned. 

Examination — Regulations — Scope. 

The  candidate  shall  be  privately  and  fully  examined  upon 
the  principles  of  law  and  equity  by  the  Board  of  Examiners 
of  the  county  wherein  he  is  registered ;  and  he  shall  be  ad- 
mitted only  on  the  written  report  of  said  board,  stating  his 
qualifications  and  recommending  his  admission.  All  examina- 
tions by  any  such  Board  of  Examiners  may  be  oral,  or  in 
writing,  or  both,  in  the  discretion  of  the  board.  Applications 
for  re-examination  may  be  made  six  months  after  failure  to 
l^ass  any   preliminary  or  final   examination. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  residing  in  this  state,  of  good  moral  character, 
who  has  practiced  in  the  court  of  last  resort  of  another  state 
or  territory  for  the  three  years  immediately  preceding  the  date 
of  his  application  may,  upon  written  recommendation  from 
the  Board  of  Examiners  of  the  county  in  which  he  resides, 
be  admitted  to  practice  in  this  state.     The  board  may  subject 


RULES   FOU   ADMISSION   TO   THE   BAR.  31 

any   applicant   under   this   rule   to  such  examination   as   they 
deem  expedient. 

Miscellaneous. 

A  person  of  full  age  and  good  moral  character,  who  has 
been  a  resident  of  this  state,  and,  with  the  approval  of  the 
Board  of  Examiners  of  the  county  in  which  he  resides,  a  stu- 
dent in  the  office  of  a  member  of  the  bar  of  this  state  of  ten 
years'  standing,  for  at  least  six  months  before  making  his  ap- 
plication, who  has  pursued  the  study  of  law  in  a  law  school 
approved  by  the  Board  of  Examiners,  for  at  least  three  years 
and  been  regularly  graduated  therefrom,  and  who  has  been  pri- 
vately and  fully  examined  by  the  Board  of  Examiners,  may, 
in  the  discretion  of  the  court,  be  admitted  to  practice  without 
preliminary  examination  and  registration,  on  the  written  re- 
port of  said  board,  stating  his  qualifications  and  recommend- 
ing his  admission. 

Application  to  practice  in  the  law  courts  of  this  state  may 
be  made,  in  open  court,  to  the  Superior  Court  of  any  county, 
and  application  to  practice  in  the  Court  of  Chancery  may  be 
made,  in  open  court,  to  the  Chancellor  sitting  in  any  county ; 
and  admission  upon  any  such  application  shall  entitle  the  per- 
son admitted  to  practice  in  the  court,  or  courts,  to  which  he 
is  admitted,  in  any  or  all  of  the  counties  of  the  state. 

Sonrce  of  Rules. 

Rev.  St.  1874,  c.  93,  §  6 ;  Id.  c.  24,  §  4 ;  13  Del.  Laws,  c.  117, 
§  3;    Rules  Superior  Court,  April  7,  1914. 


82  BULKS    FOU    ADMISSION    TO    THE    BAR. 

DELAWARE  DECISIONS. 

1814  to  1915. 

A  complete  set  of  Delaware  Reports  (down  to  1915)  con- 
sists of : 

Harrington,  5  vols. 

Houston,  9  vols. 

Marvel,  2  vols, 

Pennewill,  7  vols. 

Boyce,  3  vols. 

Delaware  Chancery,  9  vols. 

Houston's  Criminal,  1  vol. 
Delaware  Reports  are  partly  out  of  print,  and  are  scarce  and 
expensive.  The  Atlantic  Reporter,  91  vols.,  contains  all  deci- 
sions in  Houston,  vols.  7  to  9,  Marvel,  2  vols.,  Pennewill,  7 
vols.,  Boyce,  3  vols.,  Delaware  Chancery,  vols.  6  to  9,  and  also 
all  decisions  for  the  past  30  years  from  Connecticut,  Maine, 
Maryland,  New  Hampshire,  New  Jersey,  Pennsylvania, 
Rhode  Island,  and  Vermont.  Tables  of  cross-citations  make 
the  cases  perfectly  available,  however  cited.  We  will  furnish 
full  information  and  price  on  request. 

West  Publishing  Co.,  St.  Paul,  :i\rinn. 


District  of  Columbia. 

Character. 

No  applicant  shall  be  admitted  to  examination  for  admission 
to  the  Supreme  Court  until  he  shall  have  offered  proof  of  good 
moral  character. 

Application — Form  and  Contents. 

Applications  shall  be  made  in  writing  addressed  to  the  clerk 
of  the  court,  John  R.  Young,  Washington,  D.  C,  and  shall  be 
referred  by  him  to  the  committee  on  examination.  Each  ap- 
plication shall  contain  the  name,  age,  and  residence  of  the 
candidate,  the  time  and  place  of  preliminary  study  and  dura- 
tion of  the  same,  and  the  law  books  he  has  read. 

Term  of  Study. 

Satisfactory  proof  shall  also  be  presented  that  the  candidate 
has  studied  law  under  the  direction  of  a  competent  attorney  for 
at  least  three  years,  provided  that  diligent  study  in  a  law  school 
shall,  to  the  extent  thereof,  be  computed  as  a  part  thereof,  and 
an  academic  year  in  such  school  shall  be  considered  a  year  with- 
in the  meaning  of  the  rule. 

Examination — Regulations— Scope — Fee. 

There  are  no  fixed  times  for  holding  of  the  examinations, 
the  committee  meeting  at  the  call  of  the  chairman.  Before 
examination  a  fee  of  $10  shall  be  paid  to  the  chairman  or  sec- 
retary of  the  committee  on  examination.  In  case  of  failure, 
a  fee  of  $5  shall  be  required  for  each  additional  examination. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

The  petition  of  one  admitted  to  the  bar  in  the  Supreme  Court 
of  the  United  States,  or  of  a  state  or  territory,  while  a  nonresi- 
3  (33) 


34  RULES   FOR   ADMISSION   TO   TUB   BAR. 

(lent  of  the  District  of  C()himl)ia,  shall  state  the  name  of  the 
court  granting-  such  license,  the  time  of  admission,  and  when 
and  where  and  for  what  period  he  studied  law.  If  now  a  bona 
fide  resident  of  the  District  of  Columbia,  one  admitted  in  an- 
other jurisdiction  may  be  admitted  here  without  examination, 
in  the  discretion  of  the  court,  if  proof  of  good  morals  is  given 
and  a  like  courtesy  is  extended  in  that  jurisdiction  to  attor- 
neys of  tiiis  District. 

Admission  in  Court  of  Appeals. 

To  entitle  a  candidate  to  admission  to  the  Court  of  Appeals, 
he  shall  offer  satisfactory  proof  of  former  admission  to  the  Su- 
preme Court  of  the  United  States,  or  to  the  highest  court  of 
one  of  the  United  States,  or  to  the  Supreme  Court  of  this  Dis- 
trict, and  also  proof  of  good  standing  in  that  court,  and  shall 
pay  to  the  clerk  issuing  the  license  a  fee  of  $5. 

Sonrce  of  Rules. 

Rules  Sup.  Ct.  Oct.  1,  1909 ;   Rules  Ct.  of  App. 


DISTRICT  OF  COLUMBIA  DECISIONS. 

1801  to  1915. 

There  are  two  series  of  Reports  in  the  District  of  Columbia, 
viz. : 

District  of  Columbia  Reports,  21  vols.  (1801-1893). 
District  of    Columbia  Appeal   Cases,   42  vols.   (1893- 
1915). 
The  first  series  cover  the  decisions  of  the  United  States  Cir- 
cuit Court  of  the  District  of  Columbia  and  the  Supreme  Court 
of  that  District  down  to  1893.    With  vol.  21,  the  reports  of  the 


RULKS   FOR   ADMISSION   TO   THE   BAR.  35 

Supreme  Court  of  tlie  District  of  Columbia  were  discontinued, 
the  appellate  jurisdiction  theretofore  exercised  by  that  court 
being  transferred  to  a  new  court,  styled  the  "Court  of  Appeals 
of  the  District  of  Columbia,"  whose  decisions  are  reported  un- 
der the  caption,  "Appeal  Cases,  District  of  Columbia,"  cited 
"App.  D.  C."  There  are  42  vols,  of  this  series  to  date,  vol.  1 
joining  on  to  vol.  21  D.  C.  Rep. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Florida. 

Age — Character. 

The  applicant  for  admission  to  the  bar  in  this  state  must  be 
21  years  of  age  and  of  good  moral  character. 

Application— Wlien  to  be  Filed— Form  and  Contents. 

Applications  must  be  filed  with  the  clerk  of  the  Supreme 
Court,  Tallahassee,  Fla.,  at  least  ten  days  before  the  beginning 
of  the  term  at  which  the  candidate  intends  to  apply  for  admis- 
sion, and  must  contain  statements  regarding  the  applicant's 
age,  place  of  residence,  the  length  of  time  he  has  studied  law, 
and  the  law  books  he  has  read,  together  with  the  names  of 
three  reputable  citizens  of  the  community  in  which  applicant 
lives,  who  are  not  related  to  him  by  blood  or  marriage. 

Preliminary  Study. 

All  applicants  for  admission  to  the  bar  must  have  studied  the 
following  named  law  books  or  their  equivalents :  Blackstone's 
Commentaries,  or  Andrews  on  American  Law  combined  with 
Holmes'  Lectures  on  Common  Law ;  Broom's  Legal  Maxims, 
or  W.  T.  Hughes  on  Procedure ;  Bispham's  Principles  of 
Equity ;  Eaton  on  Equity ;  Story's,  Van  Zile's,  or  Fletcher's 
Equity  Pleading  and  Practice;  Shipman  on  Equity  Pleading; 
Stephen,  Gould,  Shipman,  or  McKelvey  on  Common-Law 
Pleading;  Morawetz,  Clark,  or  Cook  on  Corporations;  Moore 
or  Hutchinson  on  Carriers ;  Bishop's,  May's,  or  Clark's  Crimi- 
nal Law,  or  Hughes'  Criminal  Law  and  Procedure ;  Weeks  on 
Attorneys  at  Law  or  Sharswood's  Legal  Ethics;  Daniel  on 
Negotiable  Instruments,  or  Eaton  &  Gilbert  on  Commercial 
Paper,  or  Bigelow  on  the  Law  of  Bills,  Notes  and  Checks; 
Norton  on  Bills  and  Notes;  Cooley's  Constitutional  Limita- 
tions; Clark  or  Bishop  on  Contracts;  Thayer's  Preliminary 
Treatise  on  Evidence,  or  Greenleaf  on  Evidence  (vol.  1),  or 

(36) 


RULES    FOR    ADMISSION    TO    THE    BAR.  37. 

Reynolds  on  Evidence;  McKelvey  on  Evidence;  Schouler's 
Domestic  Relations ;  Tiffany  on  Domestic  Relations ;  Long 
on  Domestic  Relations ;  Schouler  on  Executors  and  Adminis- 
trators, or  Woerner's  American  Law  of  Administration ;  Cros- 
well  on  Executors  and  Administrators;  Maupin  on  Marketa- 
ble Title  to  Real  Estate  (2d  Ed.) ;  Cooley  or  Pollock  on  Torts ; 
Hale  on  Torts;  Schouler,  Underbill,  or  Rood  on  Wills; 
Gardner  on  Wills ;  tbe  Constitutions  of  tbe  United  States 
and  of  Florida;  Florida  Decisions  upon  the  Constitution  of 
Florida ;  General  Statutes  of  Florida ;  Rules  of  Practice  of 
the  Circuit  and  Supreme  Courts  of  Florida. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  in  the  Supreme  Court  rooms  on  tbe 
first  three  days  of  every  semiannual  term  of  the  court. 

If  applicant's  qualifications  as  to  age  and  good  moral  char- 
acter are  sufficient,  be  shall  enter  upon  the  examination,  based 
on  the  course  of  study  above  prescribed,  before  the  Supreme 
Court.  Examinations  are  held  in  open  court,  and  are  in  writ- 
ing, but  may  be  supplemented  by  oral  questions.  A  minimum 
average  of  75  per  cent,  on  both  written  and  oral  questions  is 
required  in  order  to  entitle  applicant  to  admission.  In  case  of 
success,  the  candidate  shall  pay  to  the  clerk  a  fee  of  $5  for  a 
certificate  of  admission. 

Admission  on  Diploma. 

A  graduate  of  any  law  school  chartered  by  and  existing  in 
this  state,  or  any  graduate  of  the  law  department  of  any  char- 
tered university  in  this  state,  which  school  or  department  shall 
maintain  the  course  of  study  prescribed  by  the  Supreme  Court 
and  the  character  of  whose  work  is  satisfactory  to  said  court 
shall,  at  any  regular  examination,  receive  a  license  or  permis- 
sion to  practice  law  in  all  the  courts  of  this  state  without  ex- 
amination as  to  legal  attainments,  upon  producing  to  the  Su- 


38  ItUI.KS   FOR   ADMISSION   TO   THE   BAR. 

prciiic  Court  his  diploma,  duly  issued  by  the  proper  authori- 
ties, and  upon  giving  satisfactory  evidence  that  he  is  twenty- 
one  \oars  of  age  and  of  good  moral  character. 

Admission  of  Attorneys  from  Otlier  Jurisdictions. 

Any  person  furnishing  satisfactory  evidence  of  good  moral 
character,  and  proof  that  he  has  practiced  law  for  five  years 
next  preceding  the  date  of  his  application,  and  has  been  admit- 
ted to  practice  in  the  Supreme  Court  of  the  state  from  which 
he  comes,  shall  be  admitted  to  practice  in  this  state,  without 
examination  as  to  legal  attainments,  provided  that  attorneys 
who  have  been  admitted  to  practice  in  this  state  are  admitted 
without  examination  in  the  state  from  which  he  comes. 

Miscellaneous. 

Power  to  admit  to  practice  is  vested  solely  in  the  Supreme 
Court. 

Source  of  Rules. 

Laws  1907,  p.  136;  Laws  1909,  p.  144;  Laws  1911,  p.  176; 
Sup.  Ct.  Rules,  June  1907. 


FLORIDA  DECISIONS. 

1846  to  1915. 

A  complete  set  of  Florida  Reports  (down  to  1915)  consists 
of  66  vols.  All  decisions  in  Florida,  vols.  23  to  66,  and  many 
other  decisions  not  yet  published  in  the  State  Reports,  are  re- 
ported in  full  in  the  Southern  Reporter,  65  vols.  The  set  also 
contains  all  decisions  for  the  last  28  years  of  Alabama,  Louisi- 
ana, and  Mississippi.  Tables  of  cross-citations  make  the  cases 
perfectly  available,  however  cited.  W'rite  us  for  price  and  de- 
tailed information. 

West  Publisiiino  Co.,  St.  Paul,  Minn. 


Georgia. 


Application — Age — Citizenship — Character — Fee. 

Any  male  person  desiring-  to  become  a  member  of  the  bar  in 
this  state  shall  make  a  written  application  to  a  judge  of  any 
superior  court,  at  least  10  days  before  the  day  of  examination, 
stating  that  he  is  a  citizen  of  this  state,  has  read  law,  and  is 
of  good  moral  character.  This  application  must  be  accom- 
panied with  a  certificate  from  two  practicing  members  of  the 
bar  of  the  state  of  Georgia  as  to  the  applicant's  moral  char- 
acter, and  that  they  have  examined  him  upon  the  various 
branches  of  the  law  and  deem  him  qualified  to  apply  for  ad- 
mission to  the  practice  of  the  law.  The  applicant  must  also  ex- 
hibit to  the  judge  along  with  his  application  a  receipt  showing 
that  he  has  paid  to  the  chairman  of  the  board  of  examiners  a 
fee  of  $15. 

Examination — Time  and  Place  of  Holding — Scope — Regnlations. 

Examinations  are  held  on  the  Wednesdays  next  after  the 
.fourth  Monday  of  June  and  the  second  Monday  of  Decem- 
ber, at  places  to  be  designated  by  the  judge  of  the  superior 
court  in  each  circuit.  Such  examinations  are  conducted  in 
the  presence  of  the  judge,  each  applicant  writing  and  num- 
bering his  answers  to  correspond  with  the  printed  list  of  ques- 
tions prepared  by  the  state  board  of  law  examiners,  on  the  fol- 
lowing subjects :  Principles  of  Common  and  Statute  Law 
of  England  of  force  in  this  state ;  Law  of  Pleading  and  Evi- 
dence ;  Principles  of  Equity,  and  Equity  Pleading  and  Prac- 
tice ;  Revised  Code  of  Georgia ;  Constitution  of  the  United 
States  and  of  this  state;  and  the  Rules  of  Practice  in  the  Su- 
perior Courts  of  the  state.  The  questions  and  answers  are  sent 
by  the  judges  of  the  superior  courts  to  the  board  of  examiners, 
which  meets  in  Atlanta  immediately  afterwards  and  passes  upon 

(39) 


40  RULES    FOR    ADMISSION    TO    THE    BAR. 

the  sufficiency  of  the  answers  to  entitle  the  appHcants  to  admis- 
sion. A  general  average  of  70  per  cent,  is  required  in  order 
successfully  to  pass  the  examination.  An  admitted  applicant 
pays  a  fee  of  $5  to  the  clerk  of  the  superior  court  who  issues 
the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  attorney,  residing  in  another  state,  having  license  to 
practice  law  in  a  circuit  court  therein,  may  be  admitted  to 
practice  law  in  the  superior  courts  of  this  state :  Provided  at- 
torneys of  this  state  are  likewise  permitted  to  practice  law  in 
such  other  state.  He  shall  present  a  written  petition  to  the 
judge  of  the  superior  court  in  any  circuit,  accompanied  by  a 
certificate  from  a  judge  of  the  circuit  or  district  court  of  the 
state  of  which  he  is  a  resident,  stating  that  the  applicant  is  of 
good  moral  character  and  has  been  legally  admitted  to  practice 
in  such  circuit,  and  that  by  the  laws  of  that  state  the  attorneys 
of  this  state  are  permitted  to  practice  law  therein,  on  equal 
terms. 

Any  attorney  of  another  state,  who  becomes  a  resident  of 
this  state,  may  be  immediately  admitted  to  practice  in  the 
superior  courts  of  this  state,  by  making  application  to  the 
judge  of  the  superior  court  in  any  circuit,  accompanied  by  sat- 
isfactory evidence  of  his  admission  and  good  standing  in  a 
court  of  similar  jurisdiction  in  the  state  from  which  he  comes, 
and  by  submitting  to  such  examination  as  to  the  laws  of  this 
state  as  said  judge  of  the  superior  court  may  require:  Pro- 
vided the  state  from  which  he  comes  admits  by  comity  upon 
the  same  conditions  a  licensed  attorney  of  this  state  who  goes 
to  such  other  state  to  reside  and  practice  law ;  otherwise  such 
applicant  must  stand  the  regular  written  examination  as  here- 
inbefore prescribed  for  other  applicants.  A  fee  of  $5  is  re- 
quired in  either  case,  payable  to  the  clerk  of  the  superior  court 
who  issues  the  license. 


RULES   FOR   ADMISSION   TO   THE   BAR.  41 

Upon  any  satisfactory  evidence  in  support  of  their  applica- 
tion, attorneys  of  any  of  the  courts  of  the  United  States,  or 
of  the  highest  court  of  any  state  or  territory,  in  good  stand- 
ing where  they  reside,  may  be  admitted  to  the  Supreme  Court 
and  the  Court  of  Appeals  on  taking  the  oath  prescribed  for 
local  attorneys  and  paying  a  fee  of  $5  to  the  clerk. 

Admission  on  Diploma. 

Graduates  of  the  Law  Department  of  the  State  University, 
Law  School  of  Mercer  University,  or  of  the  Atlanta  Law 
School,  are  admitted  without  examination  upon  presentation 
of  diploma  and  payment  of  the  usual  fees. 

Admission  in  Supreme  Court  and  Court  of  Appeals. 

Attorneys  who  have  been  licensed  in  any  superior  court  shall 
be  admitted  to  the  Supreme  Court  and  Court  of  Appeals  upon 
certificate  of  two  attorneys  of  that  court  in  good  standing  that 
such  applicants  are  of  good  moral  and  professional  character. 
Any  member  of  the  bar  of  the  Supreme  Court  may  be  admitted 
to  practice  in  the  Court  of  Appeals  upon  producing  satisfactory 
evidence  of  such  admission  and  upon  taking  the  prescribed 
oath.     A  fee  of  $5  is  required  in  either  case. 

Miscellaneous. 

Fees  of  applicants  should  be  remitted  to  Hon.  Alexander  C. 
King,  Chairman  Board  of  Examiners,  Atlanta,  Ga. 

All  inquiries  for  information  in  regard  to  admission  to  the 
bar  should  be  addressed  to  Hon.  Joseph  A.  Cronk,  Secretary 
Board  of  Examiners,  Savannah,  Ga. 

Source  of  Rules. 

Civ.  Code  1910,  §§  4930-4950;  Act  Dec.  18.  1897,  as  amend- 
ed by  Act  Dec.  19,  1898 ;  Rules  Sup.  Ct.  and  Ct.  App. ;  Rules 
for  admission  to  the  bar,  furnished  by  Board  of  Examiners  on 
application  to  the  secretary. 


42  RULIOS    FOR    ADMISSION    TO    THE    BAE. 

GEORGIA  DECISIONS. 

1805  to  1915. 

A  complete  set  of  Georgia  Reports  (down  to   1915)   con- 
sists of: 

T.  U.  P.  Charlton,  1  vol. 

R.  M.  Charlton,  1  vol. 

Dudley,  1  vol. 

Georgia  Decisions,  2  vols. 

Georgia  Reports,  141  vols. 

Georgia  Appeals  Reports,  13  vols. 
All  Georgia  decisions,  from  and  including  vol.  78  of  the  Su- 
preme and  all  of  the  Appeals  Reports,  are  reported  in  the 
Southeastern  Reporter,  82  vols.,  together  with  all  decisions 
for  the  past  28  years  from  North  Carolina,  South  Carolina, 
Virginia,  and  West  Virginia.  Cross-citation  tables  make  the 
cases  perfectly  available,  however  cited.  We  will  be  pleased 
to  furnish  prices  and  full  information  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Hawaii. 


Citizenship — Age — Character. 

Applicant  must  be  a  citizen  of  the  United  States  or  shall 
have  declared  his  intention  of  becoming  a  citizen.  He  shall 
file  with  the  clerk  of  the  Supreme  Court  an  application  in 
writing,  setting  forth  his  name,  age,  nationality,  last  place  of 
residence,  and  the  character  and  term  of  his  study.  Sufficient 
certificates  of  applicant's  good  moral  character,  and,  if  he  is 
a  member  of  the  bar  of  any  other  court,  the  certificate  of  ad- 
mission to  such  bar,  shall  also  accompany  the  application. 

Examination — Regulatiou^Scope — Fee — Attorneys    from     Other 
Jurisdictions. 

Power  to  examine  candidates  for  admission  to  the  bar  of 
the  Supreme  Court  is  vested  solely  in  the  Supreme  Court.  No 
applicant  who  is  not  a  member  of  the  bar  of  the  highest  court 
of  some  other  state,  territory,  or  country,  or  a  graduate  of  a 
law  school  of  recognized  standing,  will  be  admitted  or  exam- 
ined for  admission  to  practice  in  the  Supreme  Court,  unless 
he  shall  have  studied  diligently  at  least  three  years  in  a  law 
school  or  the  office  of  a  competent  attorney,  or  partly  in  one 
and  partly  in  the  other.  One  who  has  been  so  admitted,  or 
is  a  graduate  of  a  law^  school  as  aforesaid,  shall  be  admitted 
here  without  examination,  except  that  he  may  be  required  to 
pass  an  examination  on  local  practice  and  statutory  law.  Un- 
less otherwise  directed  by  the  court,  regular  examinations 
will  be  held  at  Honolulu  during  the  months  of  April  and  Oc- 
tober. Xo  applicant  whose  application  has  been  denied  shall 
apply  again  for  admission  within  one  year.  A  fee  of  $10 
must  be  paid  to  the  clerk  of  the  Supreme  Court  on  receipt  of 
a  license. 

(43) 


44  RULES   FOR   ADMISSION   TO   THE   BAR. 

Attorneys  in  District  Courts. 

The  Supreme  Court  and  the  several  circuit  courts  shall  have 
power  to  examine  and  admit  as  practitioners  in  the  district 
courts  such  persons,  being  Hawaiian  citizens  of  good  moral 
character,  as  said  courts  may  find  qualified.  Prescribed  oath 
will  be  administered.  License  thus  granted  shall  extend  over 
a  term  of  two  years,  and  shall  be  valid  in  all  the  judicial  cir- 
cuits of  the  territory.  A  fee  of  $5  will  be  paid  for  the  first 
license,  and  a  fee  of  $2  for  each  renewal  thereof. 

Source  of  Rules. 

Civ.  Laws  1897,  c.  84;  Rev.  Laws  1905,  c.  116,  §§  1693- 
1698;  Sup.  Ct.  Rule  16,  in  force  December  31,  1913  (21  Ha- 
waii, 795). 


HAWAIIAN  DECISIONS. 

1847  to  1915. 

A  complete  set  of  Hawaiian  Reports  (down  to  1915)  con- 
sists of  21  vols.;  vol.  21  covering  to  and  including  Decem- 
ber 13,  1913.  There  are  also  3  vols,  of  reports  of  the  Unit- 
ed States  District  Court  for  the  District  of  Hawaii,  and  a 
Digest  covering  vols.  1-14  Hawaiian  Reports.  Write  for 
prices  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Idaho. 


Citizensliip — Residence — Age — Character. 

Any  citizen,  or  person  resident  of  this  state  who  has  bona 
fide  declared  his  intention  to  become  a  citizen,  21  years  of  age, 
of  good  moral  character,  and  who  intends  to  engage  in  the 
practice  of  law  as  a  business,  may  make  application  for  ad- 
mission to  the  bar  in  this  state.  Applicant's  good  moral  char- 
acter must  be  certified  to  by  at  least  two  attorneys  of  the  Su- 
preme Court,  in  good  standing,  who  have  been  admitted  to 
practice  therein  for  not  less  than  one  year. 

Application — Preliminary  Requirements — Term  of  Study — Gen- 
eral Qualifications. 

The  application  shall  be  filed  with  the  clerk  of  the  Supreme 

Court  on  or  before  the  first  Saturday  of  the  regular  term  at 

which  applicant  expects  to  present  himself   for  examination, 

and  shall  contain  statements  of  the  applicant's  full  name,  age, 

citizenship,  place  of  residence  for  the  two  years  immediately 

preceding  the  date  of  his  application,  with  whom  he  has  read 

law,  or  in  what  schools  he  has  studied  law,  and  for  how  long  a 

period ;  also  the  text-books  he  has  read.    The  application  must 

also  be  accompanied  by  a  certificate  of  at  least  two  attorneys  of 

the  Supreme  Court  in  good  standing,  each  of  whom  shall  have 

been  regularly  engaged  in  practice  for  not  less  than  four  years 

next  theretofore,  containing  statements  as  to  the  applicant's 

qualifications  in  point  of  learning  of  the  law,  the  time  he  has 

spent  upon  the  study  of  the  law,  naming  the  place  at  which 

and  the  person  under  whom  such  study  was  prosecuted ;    also 

any   other    appropriate    requirements   he   may   have   attained. 

Said  attorneys  shall  also  state  that  in  their  opinion  the  appli- 

(45) 


46  RULES   FOR   ADMISSION   TO   THE   BAU. 

cant  possesses  the  requisite  qualifications  to  entitle  him  to  be 
admitted  to  practice. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  the  first  Saturday  of  each  regular 
term  of  the  court  at  Boise,  and  the  first  day  of  each  regular 
term  at  Lcwiston  and  Coeur  d'Alene;  time  being  fixed  by  the 
court.  The  candidate  shall  in  open  court  prepare  written  an- 
swers to  the  list  of  questions  propounded  by  the  Supreme 
Court.  No  information  as  to  the  substance  of  any  of  the 
questions  asked  or  the  subjects  treated  in  the  examination  will 
be  given  to  the  applicants  before  the  date  set  for  the  examina- 
tion. A  fee  of  $25  shall  be  paid  to  the  State  Treasurer,  re- 
ceipt for  which  payment  must  be  presented  to  the  clerk  of  the 
Supreme  Court  before  a  license  will  be  issued.  A  fee  of  $2 
shall  be  paid  to  the  clerk  for  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  who  has  been  admitted  in  the  highest  court  of  another 
state  or  territory  may  be  admitted  in  the  Supreme  Court  of 
this  state  upon  filing  with  the  clerk  a  certificate  from  such 
court,  together  with  an  affidavit  showing  that  he  is  still  in 
good  standing.  In  case  he  cannot  produce  his  certificate  proof 
of  the  facts  may  be  shown  by  his  affidavit.  The  examina- 
tion may  be  dispensed  with  (but  not  his  personal  appearance 
in  open  court)  in  case  of  any  person  who  has  been  actually  en- 
gaged in  the  practice  of  law  as  a  principal  occupation  under 
license  or  certificate  from  the  highest  court  of  another  state 
or  territory  for  not  less  than  three  years  immediately  preced- 
ing, and  who  is  in  good  standing  as  such.  The  law  requires 
the  court  to  satisfy  itself,  by  questioning  the  applicant  under 
oath  and  by  such  other  means  as  it  may  adopt,  that  he  has 
been  engaged  in  actual  practice  as  above  stated. 


RULES   FOR   ADMISSION   TO   THE   BAR.  47 

Source  of  Rules. 

Rev.  Codes  1908,  §§  3990-3994,  as  amended  by  Acts  1909, 
p.  109,  and  Acts  1911,  p.  338;  Sup.  Ct.  Rules. 


IDAHO  DECISIONS. 

1866  to  1915. 

A  complete  set  of  Idaho  Reports  (down  to  1915)  consists  of 
26  vols.  The  Pacific  Reporter,  143  vols.,  contains  all  Idaho 
decisions  from  and  including  vol.  2  (1881),  and  all  decisions 
for  the  last  32  years  of  Arizona,  California,  Colorado,  Kansas, 
Montana,  Nevada,  New  Mexico,  Oklahoma,  Oregon,  Utah, 
Washington,  and  Wyoming.  Owing  to  the  limited  quantity  of 
local  precedents,  it  is  necessary  to  go  to  other  states  for  case- 
law  authorities,  and  the  Pacific  is  usually  regarded  as  indispen- 
sable. 

The  Idaho  Code  was  adapted  from  that  of  California,  and 
the  decisions  of  that  state  are  therefore  followed  closely  by  the 
Idaho  courts.  The  Pacific  Reporter  contains  nearly  75  per 
cent,  of  all  the  decisions  as  reported  in  the  California  Reports 
and,  in  addition,  upward  of  1,800  decisions  omitted  from  the 
State  Reports.  The  tables  of  cross-citations  furnished  with 
the  Pacific  make  it  a  simple  matter  to  find  cases,  even  if  cited 
to  the  State  Reports  only.  Write  for  prices  and  full  informa- 
tion. 

West  Publishing  Co..  St.  Paul,  Minn. 


Illinois. 


Citizenship — Residence — Age — Character. 

Every  applicant  for  admission  shall  present  to  the  board  of 
examiners  his  affidavit,  or  that  of  some  other  reputable  person 
for  him,  that  he  is  a  citizen  of  the  United  States,  or  has  de- 
clared his  intention  of  becoming  a  citizen  thereof,  a  resident 
of  this  state,  and  21  years  of  age;  also,  a  certified  transcript 
of  record  from  a  court  of  record  of  this  state  showing  that 
the  petitioner  is  of  good  moral  character,  which  transcript 
shall  show  that  at  least  two  reputable  attorneys  of  such  court 
of  record  appeared  before  said  court  and  testified  that  appli- 
cant was  a  person  of  good  moral  character. 

Application — When  to  he   Filed — Fee. 

Applications  must  be  filed  with  the  Secretary  of  the  Board 
of  Examiners,  Charles  L.  Bartlett,  Ouincy,  111.,  at  least  three 
weeks  before  the  meeting  of  the  board  at  which  the  applicant 
desires  to  be  examined,  and  must  be  accompanied  by  all  the 
proofs  required  by  the  rules  of  the  Supreme  Court  and  the 
Board  of  Examiners.  All  applications  must  be  on  the  printed 
forms  prescribed  by  the  Board  of  Examiners.  A  fee  of  $8 
shall  accompany  each  application. 

General    Ediication. 

Applicants,  except  those  applying  for  admission  by  virtue 
of  admission  in  another  jurisdiction,  shall  offer  proof  of  a 
preliminary  education,  other  than  legal,  equivalent  to  that  of 
a  graduate  of  a  four-year  course  high  school  in  this  state. 

Term  of  Study. 

Every  applicant,  except  those  who  apply  for  admission  by 
virtue  of  admission  in  another  state  or  foreign  country,  shall 

(48) 


RULES   FOR  ADMISSION   TO   THE   BAR.  49 

offer  satisfactory  proof  that  he  has  pursued  for  the  period  of 
three  years,  during  at  least  36  weeks  in  each  year,  a  course  of 
law  studies  covering  the  subjects  below  enumerated,  naming 
the  books  read,  and  that  such  law  studies  have  been  pursued 
in  some  established  law  school  approved  by  the  board  and 
requiring  personal  attendance  and  recitation  averaging  10 
hours  per  week,  or  under  the  tuition  of  one  or  more  licensed 
lawyers ;  a  portion  of  the  time  under  either  system,  the  re- 
mainder under  the  other,  being  allowable.  If  the  term  of 
study  has  been  spent  in  a  lawyer's  office,  applicant  must  show 
that  he  has  submitted  to  a  regular  examination  by  such  lawyer 
or  lawyers  during  said  period,  upon  each  subject. 

Examination — Res^ulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Ottawa  on  last  Tuesday  of  Feb- 
ruary, at  Chicago  on  first  Tuesday  after  July  4th,  at  Spring- 
field on  first  Tuesday  of  October,  and  at  iSIt.  Vernon  on  first 
Tuesday  of  December. 

The  test,  written  in  whole  or  in  part,  shall  be  as  nearly  as 
possible  uniform  throughout  the  state,  and  shall  consist  of  ques- 
tions upon  the  subjects  of  Real  and  Personal  Property,  Person- 
al Rights,  Torts,  Contracts,  Evidence,  Common-Law  and  Equi- 
ty Pleading,  Partnerships,  Bailments,  Negotiable  Instruments, 
Principal  and  Agent,  Conflict  of  Laws,  Principal  and  Surety, 
Domestic  Relations,  Wills,  Corporations,  Equity  Jurispru- 
dence, Criminal  Law,  and  upon  the  Principles  of  the  Constitu- 
tions of  the  State  and  of  the  United  States,  and  Legal  Ethics. 
If  the  applicant  has  fulfilled  the  general  qualifications  and  sat- 
isfactorily passed  the  examination,  the  board  shall  report  that 
state  of  facts  to  the  Supreme  Court,  and  a  license  shall  be 
granted  upon  avowal  by  the  applicant  of  the  oath  prescribed 
by  law.  In  case  of  failure  in  the  examination,  the  applicant 
shall  not  be  admitted  to  another  test  until  at  least  one  exami- 
nation has  intervened  after  such  rejection,  and  shall  file  with 
4 


50  RULES    FOR    ADMISSION    TO    THK    BAR. 

ihe  board  proof  that  he  has  studied  law  during  the  intervening 
time  subsequent  to  the  prior  examination. 

Admission    of    Attorneys    from    Other    Jurisdictions. 

Attorneys  from  other  states  shall  be  admitted  in  this  state, 
exempt  from  the  written  examination  by  the  board,  by  pre- 
senting to  the  Board  of  Examiners  their  license  from  said 
state,  or  a  copy  of  the  record  of  the  court,  entitling  them  to 
practice  in  the  highest  courts  of  such  state,  and  proof  that  in 
the  state  in  which  the  license  was  issued  the  requirements  for 
admission,  when  they  were  admitted,  were  equal  to  those  pre- 
scribed in  this  state,  or  that  they  have  practiced  five  full  years 
in  courts  of  record  under  their  license,  and  shall  ofifer  proof, 
too,  of  their  general  qualifications,  as  required  of  applicants 
of  this  state.  A  fee  of  $8  must  accompany  the  application. 
The  board  shall  certify  to  the  Supreme  Court  those  persons 
entitled  to  admission. 

Sex  No  Bar  to  Admission. 

No  person  shall  be  refused  a  license  to  practice  on  account 
of  sex. 

Source  of  Rules. 

Kurd's  Rev.  St.  1913,  c.  13,  §§  1-4;  Rules  of  Supreme 
Court  and  State  Board  of  Law  Examiners  published  Jan.  1, 
1914. 


ILLINOIS  DECISIONS. 

1819  to  1915. 

A  complete  set  of  Illinois  Reports  (down  to  1915)  consists 
of  264  vols.  All  decisions  from  and  including  vol.  114  are 
reported  in  the  Northeastern  Reporter,  105  vols,  together  with 


RULES   FOR   ADMISSION   TO   THE   BAR.  51 

all  decisions  for  the  last  30  years  from  Indiana,  Massachusetts, 
Xew  York,  and  Ohio.  The  set  is  sold  for  a  small  part  of  the 
cost  of  the  corresponding  State  Reports.  Tables  of  cross- 
citations  make  the  cases  perfectly  available,  however  cited. 

The  Northeastern  Reporter,  containing,  as  it  does,  all  the 
current  decisions  of  the  states  in  which  the  great  commercial 
centers  of  the  country  are  located,  is  considered  the  best  set  of 
reports  on  commercial  law  and  kindred  topics  extant. 

The  Illinois  Appellate  Court  Reports,  of  which  there  are 
now  187  vols.  (1877-1915),  cover  the  decisions  of  inferior 
courts  of  appellate  jurisdiction  and  are  published  in  Illinois. 
We  will  furnish  full  information  and  prices  on  request. 

West  Publishing  Co.,  St.  Paul.  Minn. 


Indiana. 


Citizensliip— Age— Character. 

Every  voter  of  the  state,  of  good  moral  character,  shall  be 
entitled  to  practice. 

Examination — Regulations — Scope. 

Owing  to  the  constitutional  provision,  the  court  is  limited 
in  its  power  to  regulate  admissions.  The  examinations  are 
usually  oral  and  of  brief  duration.  No  examination  as  to  legal 
attainments  can  be  made  over  the  objection  of  the  applicant. 

Admission   of  Attorneys    from    Other    Jurisdictions. 

The  court  shall  permit  attorneys  from  other  states  to  prac- 
tice in  this  state  during  the  continuance  of  the  term  in  which 
application  was  made,  upon  taking  the  prescribe.d  oath. 

Miscellaneous. 

The  Supreme  Court  has  decided  (134  Ind.  665,  34  N.  E.  641) 
that  the  provisions  of  the  Constitution  which  declare  that  per- 
sons of  good  moral  character,  being  voters,  shall  be  admitted  to 
practice  law,  do  not  prohibit  the  admission  of  women  to  prac- 
tice. 

Source  of  Rules. 

Constitution,  art.  7,  §  21 ;  Burns'  Ann.  St.  1914,  §§  181,  997, 
999.  

INDIANA  DECISIONS. 

1817  to  1915. 

A  complete  set  of  Indiana  Reports  (down  to  1915)  consists 
of: 

Blackford,  8  vols. 
Indiana,   180  vols.,   1820-1915. 
Indiana  Appellate,  52  vols.,   1890-1915. 
(52) 


RULES    FOR    ADMISSION    TO    THE    BAR.  53 

The  Northeastern  Reporter,  105  vols.,  contams  all  decisions 
of  Indiana  from  and  including  vol.  102,  and  all  of  the  Indiana 
appellate  court  decisions.  The  set  also  contains  all  decisions 
for  the  last  30  years  from  Illinois,  Massachusetts,  New  York, 
and  Ohio.  Tables  of  cross-citations  make  the  cases  perfectly 
available,  however  cited.  The  set  sells  at  but  a  fraction  of  the 
cost  of  the  corresponding  State  Reports.  The  Northeastern 
is,  moreover,  the  best  set  of  reports  for  a  commercial  and  cor- 
poration practice,  as  it  contains  the  decisions  from  the  states  in 
which  are  located  the  great  commercial  centers  of  the  country. 
Write  us  for  full  information  and  price. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Iowa. 

Citizenship— Residence— Age— Character. 

In  this  state  the  applicant  for  admission  shall  be  an  inhabit- 
ant of  the  state,  of  the  age  of  21,  and  of  good  moral  character. 
The  latter  fact  must  be  certified  by  the  district  judge  or  clerk 
of  district  court  in  the  district  or  county  of  the  applicant's  res- 
idence. 

Applications — "When  to  be  Filed. 

Applications,  on  forms  which  will  be  furnished  by  the  clerk 
of  the  Supreme  Court,  Des  Moines,  must  be  filed  with  the 
clerk  ten  days  before  commencement  of  term  at  which  exami- 
nation is  to  be  taken,  and  must  be  accompanied  by  a  fee  of  $5. 

Proof  of  qualification  as  to  age  and  residence  shall  l~>e 
by  the  affidavit  of  the  applicant  and  the  affidavits  of  at  least 
two  witnesses  for  him.  Proof  of  term  of  study  shall  be  by 
affidavit  of  the  attorney  or  judge  in  whose  office  applicant 
studied;  or,  if  he  has  studied  at  a  law  school,  by  the  affidavit 
of  one  or  more  of  the  professors  or  instructors  of  such  school. 

General  Education. 

Applicant  shall  have  acquired  a  preliminary  education,  other 
than  legal,  equivalent  to  that  involved  in  the  completion  of  a 
high-school  course  of  at  least  four  years'  duration.  Appli- 
cants not  furnishing  satisfactory  proof  of  this  qualification 
shall  be  subject  to  written  tests  before  the  Board  of  Examin- 
ers on  the  subjects  of  Orthography,  Reading,  Writing,  Arith- 
metic, Geography,  English  Grammar,  United  States  and  Eng- 
lish History,  Elementary  Algebra,  Elementary  Physics,  Ele- 
luentary  Economics,  Civil  Government,  and  the  Elementary 
Principles  of  the  Government  Land  Surveys.     An  average  of 

(54) 


RULES   FOR   ADMISSION   TO   THE   BAR,  55 

75  per  cent,  on  a  basis  of  100  per  cent,  is  required  in  order 
to  entitle  applicant  to  the  law  examination. 

Term  of  Study. 

He  must  have  actually  and  in  good  faith  pursued  a  course 
of  study  in  the  office  of  a  practicing  attorney  or  of  a  judge 
of  a  court  of  record  of  this  or  another  state  or  in  a  reputable 
law  school  in  the  United  States  for  a  term  of  three  years, 
or  partly  in  such  office  and  partly  in  such  law  school. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  at  the  Capitol  at  Des  Moines,  com- 
mencing on  first  Tuesday  in  October  and  on  first  Tuesday  in 
June ;  and  at  the  University  at  Iowa  City  commencing  on 
Tuesday  of  the  week  following  the  week  of  the  annual  com- 
mencement. 

The  Attorney  General,  with  five  members  of  the  bar  from 
this  state,  appointed  by  the  court,  shall  constitute  the  Board  of 
Examiners,  wdio  shall  test  the  applicants  as  to  their  legal  quali- 
fications by  propounding  to  them  at  least  fifty  questions,  to  be 
answered  in  writing,  and  as  many  more  as  they  ma}'  se'e  fit,  to 
be  answered  orally.  No  person  shall  be  recommended  for  ad- 
mission who  does  not  receive  a  marking  of  at  least  75  per  cent, 
on  a  basis  of  100  per  cent,  for  the  entire  examination.  After 
the  examination,  if  successful,  the  candidate  shall  take  the 
prescribed  oath.  If  unsuccessful  he  shall  be  precluded  from 
again  entering  upon  the  examinations  for  three  months  from 
the  time  of  failure. 

Admission  of  Attorneys    from    Other    Jurisdictions. 

Any  person,  resident  of  this  state,  having  been  admitted 
in  another  state,  may,  in  the  discretion  of  the  court,  be  licensed 
here,  exempt  from  the  examination  or  proof  of  the  required 
term  of  study,  if  his  other  qualifications  are  satisfactory  to 


56  RULES    FOR    ADMISSION    TO    THE    BAR. 

the  court,  and  he  has  practiced  in  such  other  state  for  one 
>ear  after  his  admission.  Application  for  admission  under 
this  rule  must  be  made  to  the  Attorney  General. 

students  in  Law  Department  of  State  University. 

Students  in  the  Law  Department  of  the  State  University 
who  are  recommended  for  graduation  by  the  faculty,  providefl 
the  three-vears  course  of  study  has  been  pursued,  one  year  at 
least  in  such  Law  Department,  may  be  examined  at  the  Uni- 
versity by  the  commission  and  admitted  without  further  test. 

Source   of  Rules. 

Code  1897,  §§  309-316;  Code  Supp.  1907,  §§  310-315; 
Laws  1913,  c.  37;  Rules  Sup.  Ct.  Jan.  1,  1911  (128  N.  W.  v) 
and  May  19,  1914;  Rules  of  Board  of  Examiners,  Aug.  28, 
1901  (87  N.  W.  v). 


IOWA  DECISIONS. 

1839  to  1915. 

A  complete  set  of  Iowa  Reports  (down  to  1915)  consists  of: 
INIorris,  1  vol. 
G.  Greene,  4  vols. 
Iowa,  160  vols. 
All  the  decisions  of  Iowa  subsequent  to  vol.  50  are  reported 
in  the  Northwestern  Reporter,  148  vols.,  together  with  all  de- 
cisions for  the  last  36  years,  from  Michigan,  Minnesota,  Ne- 
braska, Wisconsin,  and  all  the  decisions  of  Dakota  Territory 
and  North  and  South  Dakota.     Cross-citation  tables  make  the 
cases  perfectly  available,  however  cited.     The  cost  of  the  set  is 
about  one-fifth  the  cost  of  the  corresponding  State  Reports. 
The  Northwestern  is  generally  regarded  by  the  Iowa  lawyer 


RULES    FOR   ADMISSION    TO    THE    BAR.  57 

as  indispensable.  As  one  of  the  well-known  attorneys  and 
statesmen  puts  it:  "We  would  as  soon  think  of  keeping  house 
without  a  cook  stove  as  to  try  and  practice  law  without  the 
Northwestern."     Write  us  for  full  description  and  price. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Kansas. 


Citizenship— Character. 

The  applicant  must  be  a  citizen  of  the  United  States,  and 
must  file  with  the  secretary  of  the  Board  of  Examiners  a  cer- 
tificate as  to  his  moral  character,  signed  by  a  judge  of  the  dis- 
trict court  and  three  members  of  the  bar  of  the  county  in 
which  he  resides  or  has  lately  resided. 

Application — Credentials — Fee. 

Applicant  must  file  his  petition  in  duplicate,  in  his  own 
handwriting  and  verified  by  his  affidavit,  with  the  clerk  of 
the  Supreme  Court  at  Topeka  at  least  30  days  before  the  ex- 
amination, and  must  state  his  full  name,  residence,  place 
and  date  of  birth,  and,  if  foreign  born,  the  facts  showing 
that  he  is  a  citizen  of  the  United  States;  also  his  occupa- 
tion and  residence  during  the  preceding  five  years,  and  his 
general  education,  exclusive  of  legal  study.  If  a  graduate 
of  a  law  school,  it  must  give  the  name  and  location  of  the 
school  and  date  of  graduation,  or,  if  not  a  law  school  graduate, 
must  state  where,  when  and  with  whom  law  studies  were  pur- 
sued, and  the  books  read.  A  fee  of  $25  shall  accompany  the 
application.  Diplomas  and  all  other  credentials  and  papers 
required  by  the  rules  must  be  on  printed  forms,  furnished  by 
the  secretary  of  the  board,  filed  with  the  secretary  of  the 
board,  Mr.  William  Easton  Hutchison,  Garden  City,  Kan.,  at 
least  three  weeks  before  the  first  day  of  the  examination. 

General  Education. 

Applicant  must  have  an  education  substantially  equivalent 
to  that  acquired  in  a  standard  four-year  course  of  an  accred- 
ited high  school. 

(58) 


RULES    FOR    ADMISSION    TO    THE    BAR.  59 

A  diploma  or  properly  authenticated  certificate  showing  that 
applicant  is  a  graduate  of  the  State  University  or  other  ac- 
credited university,  college,  or  high  school,  will  be  accepted  as 
evidence  that  he  possesses  the  requisite  educational  qualifica- 
tions to  entitle  him  to  examination  in  the  law.  In  lieu  of  such 
diploma  or  certificate,  the  affidavit  of  the  applicant  and  his 
teacher  or  teachers,  or  other  evidence,  may  be  offered. 

Term  of  Study. 

Applicant  must  have  studied  three  years  in  the  office  of  a 
practicing  attorney,  or  be  a  graduate  of  the  Law  Department 
of  the  University  of  Kansas  or  some  other  law  school  of  equal 
requirements  and  reputation.  A  person  commencing  the  study 
of  law  in  an  attorney's  office  shall  file  a  declaration  thereof 
with  the  clerk  of  the  Supreme  Court,  accompanied  by  the 
proofs  of  good  moral  character  above  required  of  applicants 
for  admission  to  the  bar.  Upon  approval  of  such  proofs  by 
the  board  of  examiners,  the  clerk  shall  register  him  as  a  law 
student.  A  fee  of  $5  shall  be  paid  at  the  time  of  registra- 
tion, which  sum  shall  be  credited  upon  the  examination  fee 
of  $25  when  the  student  so  registered  shall  make  application 
for  admission  to  the  bar. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Topeka,  in  the  Supreme  Court 
room,  on  the  third  Mondays  of  January  and  June.  Such  ex- 
aminations are  conducted  by  a  board  of  examiners  consisting 
of  five  attorneys  appointed  by  the  Supreme  Court,  are  held 
in  open  court,  and  shall  be  oral  or  in  writing,  or  partly 
one  and  partly  the  other,  in  the  discretion  of  the  board,  and 
shall  cover  such  of  the  following  or  other  subjects  as  the 
board  may  require :  Elementary  Law,  Roman  Law,  Per- 
sonal Property,  Constitutional  History  and  Law,  International 


(JO  RULKS    FOR    ADMISSION    TO    THE    BAR. 

Law,  Contlict  of  Laws,  Equity  Jurisprudence,  Equity  Pleading 
and  Practice.  Contracts,  Evidence,  Real  Property,  Mortgages, 
Xegotial)le  Instruments,  Agency,  Sales,  Bailments,  Partner- 
ship, Corporations,  Carriers,  Municipal  Corporations,  Torts, 
Wills  and  Administration,  Insurance,  Extraordinary  Legal 
Remedies,  Provisional  Remedies  under  Kansas  Statutes,  Do- 
mestic Relations,  Civil  Procedure,  Criminal  Law,  Common 
Law  Pleading,  Federal  Practice,  Kansas  Code  Pleading  and 
Practice,  Legal  Ethics.  The  board  shall  report  to  the  Su- 
preme Court  the  results  of  the  examination.  In  case  applicant 
fails  to  pass,  he  shall  be  allowed  to  file  a  subsequent  applica- 
tion only  upon  the  written  consent  of  at  least  three  members 
of  the  board,  without  the  payment  of  an  additional  fee. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

All  applicants  who  are  otherwise  qualified,  and  who  have 
been  admitted  to  practice  in  the  highest  court  of  another  juris- 
diction, and  have  practiced  there  continuously  for  a  period  of 
five  years  or  more,  and  continued  to  practice  there  or  else- 
where up  to  the  time  of  making  application  here,  shall  consti- 
tute a  class  and  be  examined  separately,  in  such  manner  as  the 
board  may  determine.  Their  petition  must  state  the  time  and 
place  of  admission  to  practice,  and  the  place  or  places  in  which 
they  have  practiced,  with  the  time  of  practice  in  each  case; 
also  whether  disbarment  proceedings  have  ever  been  begun 
against  the  applicant,  and  the  result. 

Miscellaneous. 

Any  resident  admitted  to  practice  in  the  district  and  inferior 
courts  of  this  state  prior  to  June  1,  1903,  will  be  admitted  to 
practice  in  this  court  on  motion  and  payment  of  a  fee  of  $3 
to  the  clerk  of  the  court. 


RULES   FOR  ADMISSION   TO  THE  BAR.  61 

Source  of  Rules. 

Gen.  St.  1909,  §§  428-431;  Sup.  Ct.  Rules  Feb.  10,  1914 
(141  Pac.  xiii) ;  Rules  Board  of  Examiners  revised  February, 
1914. 


KANSAS  DECISIONS. 

1858  to  1915. 

A  complete  set  of  Kansas  Reports  (down  to  1915)  consists 
of: 

Kansas,  92  vols.,  1862-1915. 
Kansas  Appeals,  10  vols.,  1895-1903. 

All  decisions  of  Kansas,  from  and  including  vol.  30,  and  all 
Kansas  Appellate  decisions,  are  reported  in  the  Pacitic  Report- 
er, 143  vols.  The  set  also  contains  all  decisions  for  the  last  32 
years  from  California,  Colorado,  Idaho,  Montana,  Nevada, 
New  Mexico,  Oregon,  Utah,  Washington,  Wyoming,  and  all 
decisions  of  Arizona  and  Oklahoma.  The  tables  of  cross-cita- 
tions furnished  with  the  Pacific  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
The  set  sells  for  about  one-sixth  of  the  cost  of  the  corre- 
sponding State  Reports.  We  will  be  pleased  to  furnish  detailed 
information  and  price  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Kentucky. 


Citizenship— Age— Character. 

The  applicant  shall  be  21  years  of  age,  and  shall  file  with  his 
petition  the  certificate  of  the  county  court  of  the  county  in  which 
he  resides,  stating  that  he  is  a  person  of  honesty,  probity,  and 
good  demeanor. 

Application— "When  to  be  Filed. 

After  receipt  of  the  certificate  of  the  county  court,  the  can- 
didate shall,  at  least  ten  days  before  the  beginning  of  the  next 
regular  term,  file  with  the  clerk  of  the  circuit  court  of  any 
county  in  a  circuit  court  district  in  which  the  applicant  does  not 
reside,  a  written  application  for  a  license,  addressed  to  the 
judge  and  accompanied  by  the  certificate  above  referred  to. 

Examination — Regulations — Scope — Fee. 

The  examination  shall  be  set  for  some  day  of  the  current  term. 
Each  applicant  shall  be  examined  by  the  circuit  judge  and  at 
least  two  lawyers  in  Equity  Jurisprudence,  Common  Law,  Con- 
stitutional Law,  both  Federal  and  State,  Criminal  Law,  Torts, 
Real  Property,  Contracts,  Pleading,  Evidence,  Negotiable  In- 
struments, and  Public  and  Private  Corporations.  If  a  general 
average  of  75  per  cent,  is  received,  the  license  shall  be  issued 
upon  the  payment  of  the  regular  fees  to  the  clerk.  This  license 
entitles  the  holder  to  practice  in  all  the  courts  of  the  state. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Under  Acts  1902,  p.  45,  §§  1-9,  attorneys  from  other  juris- 
dictions are  not  admitted  without  examination  on  presentation 
of  certificate,  as  heretofore,  but  must  comply  with  the  same 
rules  as  are  prescribed  for  applicants  residing  in  the  state. 
This  act,  however,  does  not  prevent  a  nonresident  attornev  in 

(62) 


RULES   FOR   ADMISSION   TO   THK   BAR.  63 

good  standing  from  appearing  and  practicing  in  a  case  in  which 
he  may  be  employed.  Such  attorneys  may  be  admitted  to  prac- 
tice for  the  time  and  purpose  of  such  case  by  appearing  in,  and 
being  introduced  to,  the  court.     No  oath  is  administered. 

Admission  in,  Court  of  Appeals. 

No  special  license  is  required  to  be  admitted  to  practice  in 
the  Court  of  Appeals.  It  is  only  necessary  that  attorneys  in 
good  standing,  residents  of  the  state,  appear  in  open  court  and 
take  the  oaths  prescribed  by  the  Constitution  and  laws  of  the 
commonwealth  of  Kentucky. 

Source  of  Rules. 

Laws  1902.  c.  45,  .§§  1-9;  Carroll's  St.  1909,  §§  97,  98. 
See  Petition  of  Creste,  98  S.  W.  282. 


KENTUCKY  DECISIONS. 

1785  to  1915. 

A  complete  set  of  Kentucky  Reports  (down  to  1915)  con- 
sists of : 

Hughes,  1  vol. 

Kentucky  Decisions  (Sneed),  1  vol. 

Hardin,  1  vol. 

Bibb,  4  vols. 

Marshall  (A.  K.),  3  vols. 

Littell,  5  vols. 

Littell's  Select  Cases,  1  vol. 

Monroe  (T.  B.),  7  vols. 

Marshall  (J.  J.),  7  vols. 

Dana,  9  vols. 

Monroe  (Ben.),  18  vols. 


64  RULES    FOR    ADMISSION    TO    THE    BAR. 

^Ictcalfe,  i  vols. 

Duvall,  2  vols. 

Bush,  14  vols. 

Kentucky,  vols.  78  to  160. 
These  by  no  means  represent  all  of  the  Kentucky  decisions, 
h.owcver.  The  Southwestern  Reporter,  169  vols.,  contains,  in 
addition  to  all  of  the  decisions  in  Kentucky  Reports,  vols.  85 
to  160,  several  thousand  decisions  handed  down  during  the 
period  covered  by  these  reports,  which  are  not  published 
in  the  State  Reports.  To  have  all  of  the  decisions  of  one's 
own  state  is  an  absolute  necessity ;  hence  the  general  use  of 
tiie  Southwestern  Reporter  in  Kentucky. 

In  addition  to  the  Kentucky  decisions,  the  set  contains  all  de- 
cisions for  the  last  29  years  from  Arkansas,  Indian  Territory, 
Missouri,  Tennessee,  and  Texas.  The  tables  of  cross-citations 
furnished  with  the  Southwestern  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. The  set  sells  at  but  a  fraction  of  the  cost  of  the  corre- 
sponding State  Reports.  Write  us  for  prices  and  full  informa- 
tion. 

West  PunLisiiiNG  Co.,  St.  Paul,  Minn. 


Louisiana. 


CitizensMp — Age — Character. 

The  candidate  shall  show  that  he  is  a  citizen  of  the  United 
States  or,  at  least  two  years  from  this  application,  has  de- 
clared his  intention  to  become  a  citizen ;  that  he  is  a  citizen 
of  the  state  and  of  good  moral  character. 

Application. 

Application,  in  writing,  shall  be  made  to  the  clerk  of  the 
Supreme  Court  at  New  Orleans.  Each  applicant  shall  fill  out 
in  his  own  handwriting  and  file  with  the  clerk  a  certificate,  on 
a  form  furnished  by  the  clerk,  showing  compliance  with  the 
requirements  as  to  citizenship,  character  and  term  of  study. 

Term  of  Study. 

Evidence  of  three  years'  study  under  the  direction  of  a  re- 
spectable member  of  the  bar  of  this  state  will  be  required. 
The  member  of  the  bar  of  this  state  under  whom  such  study 
has  been  pursued  shall  certify  in  detail  the  course  of  study 
pursued  and  works  read  by  the  student  and  the  number  of 
hours,  approximately,  in  each  year.  Provided,  that  time  spent 
as  a  student  at  the  Law  Schools  of  Tulane,  University  of  Lou- 
isiana, Louisiana  State  University  and  Agricultural  and  Me~ 
chanical  College  and  Loyola  University  may  be  counted  as 
a  part  of  said  three  years'  study,  and  provided,  also,  that  a 
graduate  of  the  Law  School  of  the  highest  class  in  any  state 
shall  offer  evidence  of  two  years'  study  in  the  office  of  a  mem- 
ber of  the  bar  of  this  state. 

Examination — Regulations — Scope — Fee — Where  Held. 

The   application,   together  with   certificates,   is   referred  by 
the  clerk  of  the  Supreme  Court  to  the  committee  of  examin- 
ers exercising  jurisdiction  in  the  district  of  applicant's  resi- 
5  (65) 


66  RULES   FOU   ADMISSION   TO   THE   BAR. 

dence,  who  shall  test  each  applicant  separately  upon  the  sub- 
jects of  Wilson  on  International  Law,  Cooky's  Principles 
of  Constitutional  Law,  Sohni's  Institutes  of  Roman  Law, 
Civil  Law,  Pothier  on  Obligations,  History  of  Civil  Law  in 
Louisiana,  Civil  Code  and  Code  of  Practice  of  Louisiana, 
Benedict's  Admiralty  Law  (4th  Ed.),  Pomeroy's  Equity  (Stu- 
dent's Edition),  Huffcutt's  Edition  of  Anson  on  Contracts, 
liurdick  on  Torts  (2d  Ed.),  McKelvey  on  Evidence,  Bige- 
low  on  Bills  and  Notes,  Minor  on  Conflict  of  Laws,  Richards 
on  Insurance,  Marshall  on  Corporations,  Clark  &  Marshall 
on  Crimes,  Hughes  Federal  Practice,  Louisiana  statutes  of  a 
general  nature.  Provided,  that  satisfactory  equivalents  may 
be  accepted  for  any  of  the  works  above  prescribed.  On  the 
production  of  a  certificate  from  the  committee  that  the  can- 
didate has  been  examined  by  them  upon  the  above  works,  and 
that  he,  in  their  opinion,  is  qualified  for  admission  to  the  bar, 
the  court  will  admit  him  to  a  public  examination,  and,  if  such 
examination  is  satisfactory  and  a  fee  of  $10  has  been  paid, 
to  the  clerk,  a  license  will  be  granted  and  the  prescribed  oath 
administered.  Applicants  who  have  been  rejected  shall  not 
be  re-examined  or  admitted  to  practice  for  six  months  after 
such  rejection. 

There  are  four  committees  of  examination,  located,  respec- 
tively at  New  Orleans,  Monroe,  Opelousas,  and  Shreveport. 
The  several  committees  will  meet  when  summoned  by  their 
respective  chairmen.  The  public  examination  by  the  court  will 
be  held  on  the  first  Monday  that  the  court  sits  in  the  months 
of  October,  December,  February,  April  and  June. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  licensed  to  practice  law  in  the 
Superior  Courts  of  any  state  may  be  relieved  of  the  neces- 
sity of  complying  with  the  requirements  as  to  three  years' 
study  in  this  state  upon  proof  of  his  admission  in  such  other 


RULES    FOR    ADMISSION    TO    THE    BAR.  67 

State  and  six  months'  residence  in  this  state  immediately  pre- 
ceding the  date  of  his  application,  and  upon  the  production 
of  a  certificate  from  the  presiding  judge  of  such  Superior 
Court  to  the  efifect  that  applicant  has  actually  practiced  in 
such  other  state  during  the  three  years  preceding  his  removal 
to  this  state. 

Admission  on  Diploma. 

Graduates  of  the  Law  Schools  of  the  Tulane  University 
of  Louisiana,  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  and  Loyola  University  M^ill  be  licensed 
upon  presentation  of  their  diplomas,  with  satisfactory  evi- 
dence of  good  moral  character. 

Miscellaneous. 

Under  Rev.  Laws  1904,  p.  1843,  all  colleges  of  law  in  this 
state  having  authority  to  confer  diplomas  on  any  graduates 
in  the  learned  professions  are  authorized  to  confer  diplomas 
on  women  in  the  practice  of  law,  as  well  as  men. 

SouTce  of  Rules. 

Rev.  Laws  1904,  §§  111-115,  756,  and  page  1843;  Act  93, 
p.  136,  of  1908;  Act  32,  p.  40,  of  1912;  Sup.  Ct.  Rules  March 
15,  1915  (67  South.  — ). 


LOUISIANA  DECISIONS. 

1809  to  1915. 

A  complete  set  of  Louisiana  Reports  (down  to  1915)  con- 
sists of : 

Martin,  12  vols. 
Martin  (N.  S.)  8  vols. 
Louisiana,  19  vols. 


68  RULES    FOR    ADMISSION    TO    THE    BAR. 

Robinson,  12  vols. 

Louisiana  Annuals,  52  vols. 

Louisiana  Reports,  vols.  104  to  135. 

Manning's  Unrep.  Cas. 
We  have  reprinted  the  Louisiana  Reports,  covering  the  fol- 
lowing volumes :  Martin  (O.  S.)  1-12 ;  Martin  (N.  S.)  1-8 ; 
Louisiana,  19  vols. ;  Robinson,  12  vols. ;  Louisiana  Annual, 
vols.  1-48;  Manning's  Unreported  Cases — a  total  of  100  orig- 
inal volumes,  bound  in  55  books.  Everything  in  the  original 
Reports,  including  the  paging,  is  preserved.  Full  annotations 
are  added,  showing  where  each  case  has  been  subsequently 
cited  by  the  Louisiana  Supreme  Court,  as  well  as  prior  and 
subsequent  reports  of  the  same  case,  and  also  showing  disposi- 
tion of  each  case  that  has  gone  to  the  Supreme  Court  of  the 
L'nited  States.  Annotations  to  the  Century  Digest  are  also 
made,  showing,  in  connection  with  each  case,  the  exact  places 
in  the  Century  Digest  where  the  cognate  authorities  have  been 
collected  and  compared,  thus  bringing  together  all  the  law  ap- 
plicable to  any  particular  case.  References  to  the  annotations 
in  the  American  Decisions  and  American  Reports  are  also 
added.  This  Reprint  is  sold  in  complete  sets  only.  Detailed 
information  will  be  sent  on  request. 

The  Southern  Reporter,  65  vols.,  contains  all  decisions  in 
Louisiana  Annuals,  39  to  52,  and  Louisiana  Reports,  104  to 
135,  and,  in  addition,  all  decisions  for  the  last  28  years  of  x\Ia- 
bama,  Florida,  and  Mississippi.  The  tables  of  cross-citations 
furnished  with  the  Southern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
The  set  sells  at  but  a  fraction  of  the  cost  of  the  corresponding 
State  Reports.  We  publish  an  edition  of  Louisiana  Reports, 
commencing  with  the  49th  Annual,  known  as  the  "N.  R.  S. 
Ed."  Beginning  with  vol.  109  our  edition  became  the  "official 
edition."     Write  us  for  prices  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Maine. 


Citizenship — Age — Character. 

Among  the  qualifications  requisite  for  admission  to  the  bar 
are  citizenship  and  residence  in  the  state,  the  age  of  majority, 
and  good  moral  character,  which  last  shall  be  certified  to  by 
some  practicing  attorney  within  the  state.  • 

Application — 'When  to  he  Filed. 

Applications,  on  blanks  furnished  by  the  Secretary  of  the 
Board  of  Examiners  on  request,  should  be  filed  with  the  Sec- 
retary, Clarence  W.  Peabody,  Portland,  Me.,  at  least  four 
weeks  in  advance  of  the  examination.  A  fee  of  $20  shall  ac- 
company each  application. 

Term  of  Study. 

Applicant  must  have  studied  law  for  three  years  either  in  the 
office  of  a  practicing  attorney  or  in  a  recognized  law  school, 
proof  of  which  must  be  by  certificate  from  the  attorney  in 
whose  office  such  studies  were  pursued  or  by  the  dean  or  sec- 
retary of  the  law  school,  as  the  case  may  be. 

£zamination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  twice  a  year,  one  at  Bangor,  in  the 
county  of  Penobscot,  on  the  first  Tuesday  of  February,  and 
one  at  Portland,  in  the  county  of  Cumberland,  on  the  first 
Tuesday  of  August.  The  Board  of  Examiners  is  composed 
of  five  competent  lawyers  of  the  state,  appointed  by  the 
Governor  on  the  recommendation  of  the  Chief  Justice. 
Applicant  shall  be  required  to  submit  to  a  written  ex- 
amination, and  to  an  oral  one,  if  deemed  necessary,  on  the 
principles  of  the  common  law  applicable  to  the  following 

(69) 


70  RULES   FOR  ADMISSION  TO   THE   BAR. 

subjects:  Real  Property,  Torts,  Evidence,  Pleading,  Con- 
tracts, Bills  and  Notes,  Criminal  Law,  and  such  other  com- 
mon-law subjects  as  the  board  may  from  time  to  time  se- 
lect; also  upon  Equity.  A  general  average  of  70  per  cent, 
is  required  in  order  to  entitle  applicant  to  the  certificate 
of  the  board.  The  board,  however,  has  power  to  estab- 
lish such  higher  grades  of  standing  as  to  them  may  seem 
proper.  Any  applicant  failing  to  pass  the  examination  may 
again  apply  after  six  months,  by  showing  to  the  board  thnt 
he  has  diligently  pursued  the  study  of  the  law  six  months 
prior  to  the  examination.  If  such  second  application  is  within 
one  year  after  his  first  examination,  he  shall  not  be  required 
to  pay  an  extra  fee  for  the  second  examination. 

After  procuring  his  certificate  from  the  board,  the  applicant 
can  then,  on  motion  made  in  open  court,  be  regularly  admitted 
to  practice  law  in  Maine,  by  any  justice  of  the  Supreme  Judi- 
cial Court. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  attorney  residing  within  or  without  the  state,  who  has 
been  a  member  of  the  bar  of  another  state,  in  good  standing 
and  active  practice,  for  at  least  three  years,  may  be  admitted  to 
practice  on  motion  before  the  Supreme  Judicial  Court,  upon  the 
production  of  a  certificate  of  admission  to  practice  in  the  court 
of  last  resort  of  such  state  or  any  Circuit  Court  of  the  United 
States,  together  with  a  recommendation  from  one  of  the  judges 
of  such  courts. 

Sex  No  Bar  to  Admission. 

No  person  shall  be  denied  license  to  practice  on  account  of 
sex. 

Source  of  Rules. 

Rev.  St.  c.  81,  §§  23-27 ;  Rules  of  Bar  Examiners. 


RULES    FOR    ADMISSION    TO    THE    BAR.  ,71 

MAINE  DECISIONS. 

1820  to  1915. 

A  complete  set  of  Maine  Reports  (down  to  1915)  consists 
of  111  vols.  All  decisions  of  Maine  subsequent  to  vol.  71  are 
reported  in  full  in  the  Atlantic  Reporter,  91  vols.,  together 
with  all  decisions  for  the  last  30  years  of  Connecticut,  Dela- 
ware, Maryland,  New  Hampshire,  New  Jersey,  Pennsylvania, 
Rhode  Island,  and  Vermont.  The  Atlantic  also  includes  up- 
w^ards  of  3,000  decisions  which  have  not  been  and  will  not  be 
published  in  the  State  Reports.  Over  150  of  the  omitted  cases 
are  from  Maine,  and  can  only  be  found  in  the  Atlantic.  Many 
of  the  volumes  of  Maine  Reports  covered  by  the  Atlantic  are 
out  of  print  and  unobtainable.  Can  you  afford  to  be  with- 
out part  of  your  own  state's  decisions?  The  tables  of  cross- 
citations  furnished  with  the  Atlantic  make  it  a  simple  mat- 
ter to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.  The  set  sells  at  a  fraction  of  the  cost  of  the  cor- 
responding State  Reports.  Write  us  for  further  information 
and  price. 

West  Publishing  Co.,  St.  Paul,  Miun. 


Maryland. 


Citizenship— Age— Character. 

The  laws  and  rules  governing  admission  to  practice  provide 
that  the  applicant  must  be  21  years  of  age,  of  good  moral  char- 
acter and  an  actual  bona  fide  resident  of  the  state  at  the  time 
he  applies  for  admission. 

Application — Where  and  'When  to  be  Filed — Fee. 

Applications  for  admission  shall  be  made  by  petition  to  the 
Court  of  Appeals,  and  referred  by  the  Court  of  Appeals  to 
the  board  of  examiners,  consisting  of  three  members  of  the  bar 
of  at  least  10  years'  standing.  All  applications  must  be  on 
blank  forms,  which  may  be  obtained  from  the  clerk  of  the 
Court  of  Appeals,  Hon.  C.  C.  Magruder,  Annapolis,  or  the 
secretary  of  the  board,  Hon.  John  Hinkley,  215  N.  Charles 
St.,  Baltimore,  Md.,  and  must  be  filed  with  the  clerk  at  least 
10  days  before  the  time  set  for  the  examination.  A  fee  of 
$25  shall  be  paid  to  the  clerk  of  the  Court  of  Appeals,  when 
filing  the  application,  which  sum  shall  entitle  the  applicant  to 
three  examinations  and  no  more. 

Term  of  Study. 

Petitioner  must  have  studied  law  in  the  office  of  a  member  of 
the  bar  of  this  state  or  in  a  law  school  of  the  United  States 
for  at  least  two  years,  and  must  file  with  his  petition  a  certificate 
from  the  attorney  in  whose  office  he  studied,  or  the  dean  or  in- 
structor of  the  law  school,  to  the  effect  that  petitioner  has  pur- 
sued under  his  direction  for  at  least  two  years  the  course  i)f 
study  outlined  below,  and  that  petitioner  is  a  person  of  good 
moral  character. 

(72) 


RULES    FOR    ADMISSION    TO    THE    BAR.  73 

Z^xamination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  in  June  and  November,  30  days'  no- 
tice of  the  time  and  place  being  given  by  the  board.  Appli- 
cants shall  be  tested  as  to  their  legal  qualifications  in  the  man- 
ner designated  by  the  uniform  system  of  examination  pre- 
scribed by  the  Court  of  Appeals  which  includes  a  written  ex- 
amination upon  the  subjects  of  Elementary  Law,  Contracts, 
Torts,  Wills  and  Administration  of  Estates,  Corporations,  Evi- 
dence, Equity,  Real  Property,  Personal  Property,  Criminal 
Law,  Domestic  Relations,  Pleading  and  Practice  at  Law  and 
in  Equity  (at  Common  Law^  and  in  ^Maryland),  Constitutional 
Law,  International  Law,  and  Legal  Ethics.  The  board  may 
also  examine  the  applicant  orally,  if  it  sees  fit.  All  proceed- 
ings in  connection  with  the  examination  shall  be  reported 
by  the.  board  to  the  Court  of  Appeals,  together  with  recom- 
mendations as  to  whether  each  applicant  should  or  should  not 
be  admitted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

^Members  of  the  bar  of  any  other  state  or  territory  within  the 
United  States,  who  for  five  years  after  admission  have  been  en- 
gaged as  practitioners,  judges,  or  teachers  of  law,  shall  be  ad- 
mitted, after  becoming  residents  of  this  state,  without  examina- 
tion, on  proof  of  such  former  admission  and  of  good  moral 
character,  and  the  payment  of  the  usual  fee  for  administering 
the  oath  and  issuing  the  certificate.  Proof  of  good  moral 
character  shall  be  by  certificate  of  a  judge  of  the  state  in 
which  he  was  admitted  or  by  the  certificate  of  two  members 
of  the  bar  of  this  state  showing  how  long  they  have  known  the 
applicant,  that  he  is  of  good  moral  character,  a  member  of  the 
bar  in  good  standing,  and  that  he  has  been  actively  engaged 
as  practitioner  or  teaclier  of  the  law  or  judge  in  such  state  for 
at  least  five  years  before  the  filing  of  his  petition. 


74  liULBS   FOR  ADMISSION  TO   THE   BAR. 

Admisslor  nn  Diploma. 

Students  who  have  matriculated  in  the  Law  Department  of 
the  University  of  Maryland,  or  the  Baltimore  University 
School  of  Law,  prior  to  January  1,  1898,  shall  be  admitted  as 
heretofore  upon  presentation  of  diplomas. 

Miscellaneous. 

Women  shall  be  permitted  to  practice  law  in  this  state  upon 
the  same  conditions  and  requirements  as  provided  for  with  ref- 
erence to  men. 

License  to  practice  in  the  Court  of  Appeals  entitles  the 
holder  to  practice  in  all  other  courts  of  the  state. 

The  Court  of  Appeals  has  decided  that  study  of  law  by 
correspondence  will  not  be  accepted. 

Source  of  Rules. 

Code  Pub.  Civ.  Laws,  art.  10,  §§  1-6;  Rules  Ct.  App.  (80 
Atl.  xiv,  xv). 


MARYLAND  DECISIONS. 

1658  to  1915. 

A  complete  set  of  Maryland  Reports  (down  to  1915)  con- 
sists of: 

Harris  &  McHenry,  4  vols. 
Harris  &  Johnson,  7  vols. 
Harris  &  Gill,  2  vols. 
Gill  &  Johnson,  12  vols. 
Gill,  9  vols. 

Bland's  Chancery,  3  vols. 
Maryland  Chancery,  4  vols. 
Maryland,  122  vols. 


RULES    FOR    ADMISSION    TO    THE    BAB.  75 

The  Atlantic  Reporter,  91  vols.,  contains  all  decisions  in 
Maryland,  vols.  64  to  122,  and  upward  of  500  decisions  which 
have  been  omitted  from  the  State  Reports  and  can  only  be 
found  in  the  Atlantic.  The  set  also  contains  all  decisions  for 
the  last  30  years  from  Connecticut,  Delaware,  Maine,  New 
Hampshire,  New  Jersey,  Pennsylvania,  Rhode  Island,  and 
Vermont.  The  tables  of  cross-citations  furnished  with  the  At- 
lantic make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  Atlantic  Reporter 
costs  but  a  small  fraction  of  the  cost  of  the  corresponding 
State  Reports.     Write  for  price  and  detailed  information. 

West  Publishing  Ck)..  St.  Paul,  Minn. 


Massachusetts. 

Citizenship— Age— Character. 

A  citizen  of  the  United  States,  or  an  alien  who  has  declared 
intention  of  becoming  a  citizen,  whether  man  or  woman,  21 
years  of  age,  and  of  good  moral  character,  may  be  admitted 
to  the  bar,  if  his  legal  qualifications  are  sufficient. 

Application — Preliminary  Requirements — Proof  of  Moral  Char< 
acter  and  Course  of  Study — Fee. 

A  petition  shall  be  filed  with  the  clerk  of  the  court  of  the 
county  in  which  petitioner  last  studied  law,  at  least  ten  days 
before  the  day  of  the  examination,  and  shall  be  accompanied 
by  proof  that  the  petitioner  is  entitled  to  be  examined,  together 
with  evidence  of  his  good  moral  character,  and  of  the  course 
of  study,  both  general  and  legal,  pursued  by  him.  Such  proof 
shall  include:  (a)  a  certificate  signed  by  the  applicant,  stating 
his  residence,  place  and  date  of  birth,  citizenship,  course  of 
general  study  exclusive  of  legal  study,  when  and  where  he 
began  the  study  of  law,  course  of  such  study,  and  where  he 
last  studied,  any  other  occupation  engaged  in  since  he  began 
the  study  of  law;  whether  he  has  been  examined  for  admis- 
sion to  the  bar  before,  and  if  so,  when  and  where,  and  with 
what  result,  (b)  A  certificate  of  the  attorney  with  whom  he 
has  studied,  or  of  the  proper  officer  of  the  law  school  or 
schools  attended,  containing  statements  as  to  the  applicant's 
moral  character  and  the  course  of  legal  study  pursued  by  him. 
Blank  forms  for  the  certificates  mentioned  above  may  be 
obtained  from  the  clerk  of  court  or  the  secretary  of  the 
Board  of  Examiners,  Frederick  L.  Greene,  Greenfield,  Mass. 
Petition  must  be  accompanied  by  entry  fee  of  $15  and  a  fur- 

(76) 


RULES    FOR   ADMISSION    TO    THE    BAR.  77 

ther  fee  of  $10  for  any  subsequent  petition.  Any  person  who 
has  studied  at  a  law  school  connected  with  a  college  or  uni- 
versity within  the  commonwealth  may  file  his  application  ei- 
ther in  the  county  in  which  such  law  school  is  established  or 
in  the  county  of  Suffolk. 

General  Education. 

Applicant  must  have  at  least  the  equivalent  of  a  high  school 
education.  Rule  7  of  the  board  of  examiners,  adopted  March 
18,  1911,  provides  that  after  February  1,  1914,  applicant  must 
show  by  certificate  that  he  is  a  graduate  of  a  college  or  has 
passed  the  entrance  examinations  of  a  college,  or  of  the  Col- 
lege Entrance  Examination  Board  or  examinations  substan- 
tially equivalent  thereto ;  or  has  complied  with  the  entrance  re- 
(luirements  of  a  college ;  or  is  a  graduate  of  a  day  high  school 
or  of  a  school  of  equal  grade ;  or  has  passed  the  examination 
given  for  admission  to  the  State  Normal  Schools  of  Massa- 
chusetts in  the  following  subjects:  (1)  Language:  English 
with  its  grammar  and  literature.  (2)  United  States  History : 
The  history  and  civil  government  of  Massachusetts  and  the 
United  States,  with  related  geograph}'  and  so  much  of  English 
History  as  is  directly  contributory  to  a  knowledge  of  United 
States  history.  (3)  Latin  or  French.  (4)  Algebra  or  Plane 
Geometry.  (5)  Any  two  of  the  following:  Physiology  and 
Hygiene ;  Physics  ;  Chemistry ;  Botany ;  Physical  Geography. 
A  certificate  or  certificates  showing  compliance  with  the  fore- 
going requirements  must  be  filed  with  the  chairman  of  the 
board  at  least  10  days  before  the  examination  which  the  ap- 
plicant desires  to  take.  By  Acts  lOlJf.,  c.  670,  applicant  "shall 
not  he  reqitired  to  he  a  graduate  of  any  high  school,  college  or 
university."  The  Supreme  Court  of  Massachusetts  has  held 
(In  re  Bergeron,  107  N.  E.  1007)  that  rule  7  was  not  repealed 
by  Acts  1914,  c.  670. 


78  RULES    FOR    ADMISSION    TO    THE    BAR. 

Term  of  Study. 

No  person  shall  be  eligible  lor  examination  for  admission 
to  the  bar  until  he  shall  have  devoted  three  full  years  or  their 
equivalent  (usual  vacations  excepted)  to  the  study  of  law. 
The  board  will  consider  as  a  compliance  .with  this  rule  three 
years  study  in  any  law  school  having  a  three  year  course  and 
holding  regular  day  sessions,  or  four  years  study  in  any  eve- 
ning law  school  having  a  four  year  course,  or  three  years 
st^^dy  in  the  office  of  an  attorney  at  law  or  elsewhere  under 
proper  direction  with  not  more  than  four  weeks  vacation  in 
each  year.  Such  period  of  study  may  be  spent  partly  in  a 
law  school  and  partly  in  an  attorney's  office  or  elsewhere  un- 
der proper  directions. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  in  Boston  on  or  about  January  1st 
and  July  1st  of  each  year.  Due  notice  of  the  time  and  place 
will  be  given.  Such  examinations  shall  be  in  writing  and  shall 
be  based  upon  the  following  subjects,  or  some  portion  thereof: 
Contracts,  Torts,  Real  Property,  Criminal  Law,  Evidence. 
Equity,  Corporations,  Partnership,  Mortgages,  Suretyship, 
Agency,  Sales,  Negotiable  Instruments,  Bailments,  Carriers, 
Wills,  Probate  Law,  Domestic  Relations,  Trusts,  Pleading, 
Practice,  Constitutional  Law,  Bankruptcy,  and  Legal  Ethics. 
In  addition,  the  applicant  should  have  knowledge  of  the  gen- 
eral principles  of  common  law  and  of  the  most  important  pro- 
visions of  the  Massachusetts  statutes. 

Admission  of  Attorneys  from  Otlier  Jurisdictions. 

A  citizen  of  the  United  States,  or  an  alien  who  has  declared 
his  intention  to  become  a  citizen,  whether  man  or  woman, 
admitted  to  practice  before  the  highest  tribunal  of  another 
state  or  country,  of  which  he  was  an  inhabitant,  may  be  ad- 


RULES    FOR    ADMISSION    TO    THE    BAR.  79 

mitted  to  examination  upon  proof  of  such  former  admis- 
sion and  of  good  moral  character,  together  with  recommen- 
dations from  at  least  two  members  of  the  bar  to  which  appli- 
cant was  admitted,  and,  if  possible,  a  recommendation  from 
a  judge  of  the  highest  court  in  the  jurisdiction  where  appli- 
cant was  admitted  ;  also  one  or  more  recommendations,  if  pos- 
sible, from  members  of  the  bar  in  Massachusetts.  Blank  cer- 
tificates and  forms  may  be  procured  from  any  of  the  clerks  of 
court,  and  each  petition  should  be  accompanied  by  a  fee  of 
$15.  One  so  admitted  in  another  jurisdiction,  who  has  prac- 
ticed there  for  three  years,  may  be  admitted  here  without  ex- 
amination, in  the  discretion  of  the  board. 

Miscellaneous. 

Women  shall  be  granted  licenses  to  practice  upon  showing 
the  qualifications  before  enumerated.  No  person  who  does 
not  intend  to  practice  as  an  attorney  in  this  commonwealth 
shall  be  entitled  to  examination. 

Source  of  Rules. 

Rev.  Laws,  c.  165,  §§  39-43,  as  amended  by  Acts  1904,  c. 
355,  and  Acts  1914,  c.  670;  Statutes  and  Rules  in  force  March, 
1912. 


MASSACHUSETTS  DECISIONS. 

1804  to  1915. 

A  complete  set  of  Massachusetts  Reports  (down  to   1915) 
consists  of: 

Massachusetts,  17  vols. 
Pickering,  24  vols. 
Metcalf,  13  vols. 


80  RULES    FOR   ADMISSION    TO    THE    BAR. 

Gushing,  12  vols. 

Gray,  16  vols. 

Allen,  14  vols. 

Massachusetts,  vols.  97  to  217. 
The  Northeastern  Reporter,  105  vols.,  contains  all  decisions 
in  Massachusetts,  vols.  139  to  217,  and  all  decisions  for  the 
last  30  years  of  Illinois,  Indiana,  New  York,  and  Ohio.  The 
tables  of  cross-citations  furnished  with  the  Northeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  Northeastern  Reporter,  con- 
taining, as  it  does,  all  current  decisions  of  the  states  in  which 
the  great  commercial  centers  are  located,  is  considered  the 
best  set  of  commercial  and  corporation  reports  extant.  We 
will  supply  full  information  and  prices  on  request. 

West  Publishing  Co.,  St.  Paul.  Miiin 


Michigan. 


Citizensliip — Residence — Age — Character. 

The  rules  of  this  state  provide  that  the  applicant  must  be  a 
resident  and  citizen  of  the  United  States  of  full  age  and  good 
moral  character.  Proof  of  good  moral  character,  in  the  case 
of  applicants  other  than  graduates  of  reputable  law  schools, 
must  be  by  letters  from  the  attorney  in  whose  office  appli- 
cant has  studied  and  from  at  least  two  other  reputable  citizens 
of  applicant's  place  of  residence.  Diplomas  of  graduation 
from  reputable  law  schools  will  be  accepted  as  presumptive 
evidence  of  the  good  moral  character  of  the  holders  thereof. 

Application— Contents — When  to  be  Filed — Fee. 

Applications  must  be  filed  with  the  secretary  of  the  board 
of  examiners  at  least  60  days  prior  to  the  examination,  and 
must  contain  proofs  of  all  the  qualifications  required  by  the 
rules.  The  rules  provide  that  the  application  must  be  in  the 
form  prescribed  by  the  board,  or  it  will  not  be  received. 
Printed  copies  of  the  rules,  showing  the  forms  prescribed,  may 
be  obtained  from. the  secretary,  ]\lr.  Charles  W.  Nichols,  Lans- 
ing, JMich.  Each  application  must  be  accompanied  by  a  fee 
of  $15,  which  sum  shall  entitle  the  candidate  to  two  examina- 
tions. In  case  of  failure  to  pass  the  second  examination,  a  fee 
of  $10  must  be  paid  for  each  subsequent  examination. 

Preliminary  Education. 

The  statute  provides  that  applicant  must  have  acquired  a 
general  education  equivalent  to  that  involved  in  the  comple- 
tion of  a  four-year  high  school  course. 

Term  of  Study. 

A  period  of  three  years  study  in  a  duly  incorporated  col- 
lege or  university  in  this  or  another  state,  or  four  years  in 
6  (81) 


82  RULES    FOR   ADMISSION    TO    THE    BAR. 

a  law  office  under  the  supervision  of  a  reputable  attorney,  is 
required.  Every  person  commencing  the  study  of  law  in  the 
office  of  an  attorney  must  file  with  the  secretary  of  the  board 
of  examiners  a  statement,  supported  by  his  affidavit  and  that 
of  the  attorney  under  whom  he  proposes  to  study,  to  the  ef- 
fect that  he  is  beginning  the  study  of  law  with  said  preceptor, 
giving  the  name  and  address  of  the  same.  Applicants  are 
advised  to  make  a  statement  to  the  board  of  their  educational 
qualifications  at  the  time  of  filing  above  notice.  Students  in 
reputable  law  schools  are  advised  to  file  with  the  secretary  of 
the  board,  on  or  before  the  completion  of  their  second  year 
at  such  law  school,  proof  of  the  educational  qualifications  re- 
quired by  the  rules. 

Examination — Regnlations^Scope— Time  and  Place  of  Holding. 

Examinations  are  held  at  Lansing  on  the  second  Wednesday 
of  the  October  term  of  the  Supreme  Court  in  each  year,  and 
at  such  other  times  and  places  in  the  cities  of  Lansing,  Ann 
Arbor  and  Detroit,  as  the  board  shall  deem  best  to  suit  the 
convenience  of  applicants.  The  board  of  examiners  is  com- 
posed of  five  competent  lawyers  of  the  state,  appointed  by 
the  Governor  on  the  recommendation  of  the  Supreme  Court. 
The  examination  is  partly  written  and  partly  oral,  and  in- 
cludes the  following  subjects :  Administration  of  Estates,  in- 
cluding Wills,  Agency,  Bailments  and  Carriers,  Bills  and 
Notes,  Contracts,  Constitutional  Law,  Corporations,  both  Pub- 
lic and  Private,  Criminal  Law  and  Procedure,  Domestic  Re- 
lations, Equity  Jurisprudence  and  Procedure,  Evidence,  Mort- 
gages, Real  and  Personal,  Partnership,  Pleading  and  Practice 
at  Common  Law  and  under  the  Michigan  Laws,  Real  Prop- 
erty, including  Landlord  and  Tenant  and  Fixtures  and  Ease- 
ments, Torts,  including  Frauds,  Statutory  Construction,  Con- 
flict of  Laws,   Suretyship,  Jurisdiction  and  Practice   of  the 


RULES    FOR    ADMISSION    TO    THE    BAR.  83 

United  States  Courts,  and  the  Code  of  Ethics  adopted  by  the 
American  Bar  Association.  A  minimum  of  75  per  cent,  in  at 
least  15  of  the  20  subjects  is  required  for  quahfication.  In 
case  of  failure,  the  second  test  can  only  be  taken  six  months 
or  more  after  such  failure,  and  the  application  in  such  case 
must  be  filed  with  the  secretary  of  the  board  at  least  10  days 
prior  to  the  examination  and  must  state  that  the  six  months 
period  of  time  has  been  spent  diligently  in  the  study  of  law. 
No  person  shall  be  eligible  to  more  than  three  examinations 
within  a  period  of  three  years. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  citizen  of  this  or  another  state  who  proves  to  the  satis- 
faction of  the  board  of  examiners  that  he  intends  to  maintain 
a  law  office  and  to  practice  in  this  state,  who  has  been  ad- 
mitted to  practice  in  the  court  of  last  resort  of  another  juris- 
diction and  has  engaged  in  the  practice  of  law  as  a  principal 
occupation  for  three  years  or  more  immediately  preceding  the 
date  of  his  application,  may  be  licensed  in  this  state  upon  fil- 
ing application  with  the  board,  containing  proof  of  period  of 
practice,  together  with  a  written  recommendation  from  one  of 
the  judges  of  the  court  in  which  he  practiced  and  a  certified 
copy  of  the  certificates,  affidavits  and  other  papers,  not  includ- 
ing examination  questions  and  answers  which  were  submitted 
upon  his  application  for  admission  in  such  aforesaid  state  or 
territory.  The  board  of  examiners  may  take  three  months 
for  independent  investigation  into  the  qualifications  of  all 
such  applicants  from  other  jurisdictions,  and  if  satisfied  that 
the  necessary  requirements  have  been  complied  with,  shall 
certify  its  findings  to  the  Supreme  Court.  If  the  Supreme 
Court  is  satisfied  as  to  the  qualifications  of  the  applicant,  he 
may  be  admitted  on  motion  made  by  a  member  of  the  bar 
of  the  court. 


84  RULES    FOU    ADMISSION    TO    THE    BAR. 

Sex  No  Bar  to  Admission. 

No  person  shall  be  denied  admission  on  account  of  sex. 
Source  of  Rules.  •  .  ^  . 

Public  Acts  1913,  No.  163;   Rules  of  Board  of  Examiners 
approved  by  Supreme  Court  Nov.  5,  1913. 


MICHIGAN  DECISIONS. 

1836  to  1915. 

A  complete  set  of  Michigan  Reports  (down  to  1915)  con- 
sists of :  • 

Harrington,  1  vol. 

Walker,  1  vol. 

Douglas,  2  vols. 

Michigan,  178  vols. 
The  Northwestern  Reporter,  148  vols.,  contains  all  decisions 
of  Michigan  subsequent  to  vol.  40.  This  represents  80  per 
cent,  of  all  the  decisions  of  the  state,  and  includes  a  large  num- 
ber of  decisions  which  have  not  as  yet  been  published  in  the 
State  Reports.  It  also  contains  all  decisions  for  the  last  36 
years  of  Iowa,  Minnesota,  Nebraska,  and  Wisconsin,  and  all 
the  decisions  of  Dakota  Territory  and  North  and  South  Da- 
kota. The  tables  of  cross-citations  furnished  with  the  North- 
western make  it  a  simple  matter  to  find  the  cases,  even  if 
cited  by  the  State  Report  page  and  volume.  Write  for  full 
information  and  prices. 

West  Publishing  Co.,  St.  Paul.  Minn. 


Minnesota. 


Citizensliip — Residence — Age— Character. 

In  this  state  the  rules  of  the  Supreme  Court  require  that  the 
applicant  shall  be  a  citizen  of  the  United  States,  a  citizen  and 
resident  of  the  state,  21  years  of  age,  and  of  good  moral  char- 
acter, which  last  must  be  certified  to  by  two  practicing  attor- 
neys in  this  state. 

Application — When  to  be  Filed— Form  and  Contents — Fee. 

Applications,  on  forms  prescribed  by  the  Board  of  Examin- 
ers, should  be  filed  with  the  Secretary,  Eli  Southworth,  Shak- 
opee,  Minn.,  at  least  three  weeks  before  the  examination. 
Such  applications  shall  contain  the  applicant's  affidavit  as  to 
his  name,  age,  and  occupation,  if  any;  his  citizenship  and 
present  residence,  how  long  he  has  resided  in  this  state,  and 
his  place  of  residence  during  the  preceding  three  years ;  the 
course  or  nature  of  his  general  education,  in  what  educational 
institution  it  was  pursued,  and  the  time  spent  therein.  All  ap- 
plicants, except  attorneys  of  five  years'  standing,  shall  also  state 
in  their  affidavit  where  and  during  what  time  they  have  studied 
law,  in  what  school,  if  any,  and  for  v»'hat  period  of  time,  the 
name  and  place  of  residence  of  every  attorney  in  this  state  and 
elsewhere  in  whose  office  they  have  studied,  and  the  period  of 
study  in  such  office.  A  fee  of  $15  shall  accompany  each  ap- 
plication. 

General  Fdncation. 

Applicants,  other  than  attorneys  of  five  years'  standing, 
shall  satisfactorily  prove  to  the  board  that  they  have  passed 
examination  in  one  year's  Latin,  English  history,  American 
history,  English  composition  and  rhetoric,   and  the  common 

(S5) 


86  RULES    FOR    ADMISSION    TO    THE    BAR. 

school  branches,  or  shall  be  subjected  to  an  examination  there- 
in by  the  board  before  being  admitted  to  the  bar  examination. 

Term  of  Study. 

A  person  who  shall  have  studied  law  for  three  years,  within 
the  five  years  preceding  his  application,  either  in  a  law  school 
or  m  the  office  of  a  practicing  attorney,  or  in  both,  provided 
at  least  six  months  was  spent  in  the  office  of  a  practicing  at- 
torney in  this  state,  shall  be  eligible  to  the  bar  examination. 
If  for  at  least  six  months  the  candidate  has  pursued  his  studies 
in  the  office  of  a  practicing  attorney  in  this  state  as  prescribed, 
the  board  may,  in  its  discretion,  accept  in  lieu  of  the  remainder 
of  the  time  required  to  be  passed  in  a  law  office  or  school  an 
equivalent  period  of  study,  irrespective  of  the  manner  or  place 
in  which  it  was  spent. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  in  the  cities  of  St.  Paul,  IMinne- 
apolis,  Winona,  Mankato,  Duluth  and  Fergus  Falls,  on  the 
following  dates :  First  Tuesday  in  February ;  second  Tues- 
day in  June  and  October.  Such  examinations  are  upon  the 
following  subjects :  The  law  of  Real  Property,  including 
Mortgages  and  other  liens  on  Real  Property  and  Conveyanc- 
es, Trusts,  Taxation,  Equity  Jurisprudence,  Minnesota  Stat- 
ute Law,  Code  Pleading  and  Practice,  Constitutional  Law, 
Conflict  of  Laws,  Criminal  Law,  Evidence,  Corporation  Law, 
including  both  Private  and  IMunicipal  Corporations,  Contracts, 
including  Sales,  Bailments,  Negotiable  Instruments,  Landlord 
and  Tenant,  Partnership,  Agency,  Suretyship,  Frauds,  Dam- 
ages, Chattel  Mortgages  and  Liens  on  Personal  Property, 
Torts,  including  Negligence,  Domestic  Relations,  Executors 
and  Administrators,  Wills,  and  Legal  Ethics.  In  connection 
with  the  foregoing  topics  a  knowledge  of  the  common  law  as 
aflfected  by  Minnesota  statute  law  will  be  required.    A  general 


RULES    FOR    ADMISSION    TO    THE    BAR.  87 

average  of  75  per  cent,  shall  be  required  for  qualification. 
Where  the  general  average  of  an  applicant  is  less  than  75  per 
cent.,  he  shall  be  re-examined  in  all  subjects  in  which  he  fell 
below  75  per  cent. :  provided,  that  where  an  applicant's  marks 
are  less  than  60  per  cent,  on  not  less  than  one- fourth  of  the 
subjects,  or  less  than  75  per  cent,  on  not  less  than  one-half  of 
the  subjects,  he  shall  be  re-examined  in  all  subjects.  If  the 
test  is  favorable,  the  board  shall  so  signify  and  the  oath  of 
office  shall  be  administered  and  license  granted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  of  five  years'  standing  from  any  other  state  or 
territory,  or  from  the  District  of  Columbia,  may,  in  the  discre- 
tion of  the  board,  be  admitted  without  examination,  upon  mak- 
ing application,  accompanied  by  his  certificate  of  admission 
and  the  certificate  of  a  judge  of  a  court  of  record  or  of  two 
practicing  attorneys  of  such  state,  showing  that  he  is  of  goovi 
moral  character;  also  a  like  certificate  from  two  practicing  at- 
torneys in  this  state,  A  fee  of  $15  shall  accompany  the  peti- 
tion. Such  application  may  be  acted  upon  by  the  board  at  any 
time,  without  waiting  for  a  regular  meeting.  Any  attorney  of 
less  than  five  years  standing  from  any  other  state  or  territory, 
or  from  the  District  of  Columbia,  who  has  studied  law,  either 
in  a  law  school  or  in  the  office  of  a  practicing  attorney,  or  both, 
for  a  period  of  not  less  than  three  years,  six  months  of  whicli 
period  shall  have  been  spent  in  study  in  the  office  of  a  practic- 
ing attorney  in  this  state,  may  be  examined  by  said  board  as 
prescribed. 

Admission  on  Diploma. 

The  foregoing  rules  do  not  apply  to  graduates  of  the  College 
of  Law  of  the  State  University,  the  St.  Paul  College  of  Law, 
Minnesota  College  of  Law,  Northwestern  College  of  Law,  or 
of  any  law  school  in  the  state  which  has  the  certificate  of 


88  RULES    FOR    ADMISSION    TO    THE    BAR. 

the  Supreme  Court  approving  the  course  of  study,  faculty, 
etc.  Such  graduates  are  admitted,  without  examination  or 
fee,  at  any  time  within  two  years  after  graduation,  on  presenta- 
tion of  diploma. 

Source  of  Rules. 

Laws  1891,  c.  36;  Laws  1893,  c.  129;  Laws  1899,  c.  60; 
Laws  1901,  c.  100;  Gen.  St.  1913,  c.  35;  Rules  Sup.  Ct.  May 
29,  1891,  as  amended;    Rules  Board  of  Examiners. 


MINNESOTA  DECISIONS. 

1851  to  1915. 

A  complete  set  of  Minnesota  Reports  (down  to  1915)  con- 
sists of  125  vols.  All  decisions  in  vols.  26  to  125,  and  many 
other  decisions  not  yet  published  in  the  State  Reports,  are  re- 
ported in  the  Northwestern  Reporter,  148  vols.  These  repre- 
sent 80  per  cent,  of  all  the  Minnesota  decisions.  The  North- 
western also  contains  all  decisions  for  the  last  36  years  of 
Iowa,  }^Iichigan,  Nebraska,  and  Wisconsin,  and  all  decisions 
of  Dakota  Territory  and  North  and  South  Dakota.  The  tables 
of  cross-citations  furnished  with  the  Northwestern  make  it 
a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  Northwestern  is  in  general 
use,  and  is  cited  by  both  the  bench  and  bar.  Write  for  full 
information  and  prices. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Mississippi 


Citizensliip — Age — Character. 

The  candidate  for  admission  in  this  state  shall  prove  that 
he  is  a  citizen  of  the  United  States,  a  resident  of  the  state,  21 
years  of  age,  and  of  good  moral  character. 

Hxamination — Regulations — Scope — Fee. 

The  application  shall  be  made  in  writing  to  the  court  of  chan- 
cery for  some  county  in  the  district  of  his  residence.  The 
chancellor  shall  in  open  court  propound  to  the  candidate  ques- 
tions upon  the  subjects  of  the  law  of  Real  Property,  Personal 
Property,  Pleading,  Evidence,  Commercial  Law,  Criminal  Law, 
Chancery  and  Chancery  Pleading,  of  the  statute  law  of  the 
state,  and  of  the  Constitutions  of  the  United  States  and  of  the 
state  of  Mississippi,  and  shall  refer  the  written  answers  to  the 
chancellor  of  another  district  of  the  state,  who  shall  pass  upoii 
the  same,  and  shall  certify  to  the  chancellor  before  whom  the 
examination  was  held  his  conclusions  as  to  the  sufficiency  or 
insufficiency  of  the  applicant's  legal  learning.  If  such  conclu- 
sions are  favorable,  the  candidate  will  be  granted  a  license  upon 
taking  the  prescribed  oath.  An  annual  privilege  license  of  $10 
to  the  state,  and  usually  one  of  $5  to  the  city  where  he  prac- 
tices, shall  be  paid  by  the  successful  candidate.  The  dismissal 
of  an  application  for  license  to  practice  shall  not  bar  another 
application  by  the  same  person  after  the  expiration  of  six 
months  from  the  date  of  his  application. 

Aclmission  of  Attorneys   from    Other  Jurisdictions. 

Attorneys  from  other  states  shall  be  admitted  in  this  state 
upon  the  same  conditions  as  are  imposed  upon  attorneys  of 
this  state  by  such  other  states. 

(89) 


90  RULES    FOR   ADMISSION    TO    THE    BAR. 

Admission  on  Diploma. 

If  the  candidate  be  a  graduate  of  the  Law  Department  of 
the  University  of  Mississippi  and  of  good  moral  character,  he 
shall  be  admitted  upon  presentation  of  diploma. 

Source  of  Rules. 

Code  1906,  §§  208-215,  217;  Laws  1912,  c.  204. 


MISSISSIPPI  DECISIONS. 

1820  to  1915. 

A  complete  set  of  Mississippi  Reports  (down  to  1915)  con- 
sists of : 

Freeman's  Chancery,  1  vol. 

Smedes  &  Marshall's  Chancery,  1  vol. 

Walker,  1  vol. 

Howard,  7  vols. 

Smedes  &  Marshall,  14  vols. 

Mississippi,  vols.  23  to  104. 
We  have  reprinted  the  Mississippi  Reports,  covering  the 
following  volumes :  Freeman's  Chancery ;  Smedes  &  Mar- 
shall's Chancery;  Walker  (1  Miss.);  Howard  (2-8  Miss.); 
Smedes  &  Marshall  (9-22  Miss.)  ;  and  Mississippi,  vols.  23- 
63 — a  total  of  65  original  volumes,  in  a  series  of  31  books. 
Everything  in  the  original  Reports,  including  the  paging,  is 
preserved.  Full  annotations  are  added,  showing  where  each 
case  has  been  subsequently  cited  by  the  Mississippi  Supreme 
Court,  as  well  as  prior  and  subsequent  reports  of  the  same  case, 
and  also  showing  the  disposition  of  each  case  that  has  gone  to 
the  Supreme  Court  of  the  United  States.    Annotations  to  the 


RULES   FOR   ADMISSION   TO   THE   BAR.  91 

Century  Digest  are  also  made,  showing,  in  connection  with 
each  case,  the  exact  places  in  the  Century  Digest  where  the 
cognate  authorities  have  been  collected  and  compared,  thus 
bringing  together  all  the  law  applicable  to  any  particular  case. 
References  to  the  annotations  in  the  American  Decisions  and 
American  Reports  are  also  added.  This  Reprint  is  sold  in 
complete  sets  only.  Detailed  information  will  be  furnished  on 
request. 

The  Southern  Reporter,  65  vols.,  contains  all  Mississippi  de- 
cisions subsequent  to  vol.  63  Miss.,  and  all  decisions  for  the 
last  28  years  of  Alabama,  Florida,  and  Louisiana.  The  tables 
of  cross-citations  furnished  with  the  Southern  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.  The  Southern  is  the  only  medium  through  which 
all  of  the  current  Mississippi  decisions  may  be  had,  and  which 
furnishes  them  promptly.  Write  for  price  and  detailed  in- 
formation. 

West  Publishing  Co.,  St.  Paul.  Minn. 


MissourL 

Age — Residence — Cliaracter. 

Every  applicant  for  a  license  to  practice  shall  produce  sat- 
isfactory evidence  that  he  is  21  years  of  age,  of  good  moral 
character,  and  a  resident  of  the  state.  Proof  of  age  and  resi- 
dence may  be  made  by  his  affidavit.  Proof  of  good  moral 
character  shall  be  by  written  certificate,  signed  by  the  judge 
of  the  circuit  court  or  of  the  court  of  common  pleas  and  three 
members  of  the  bar  of  the  county  where  applicant  resides,  or 
has  lately  resided. 

Application— When  to  be  Filed— Fee. 

Applications,  on  forms  prescribed  by  the  board  of  examin- 
ers and  furnished  upon  request  by  the  clerk  of  the  Supreme 
Court,  must  be  filed  with  the  clerk  at  Jefferson  City  at  least 
10  days  before  the  date  set  for  examination  and  must  be  ac- 
companied by  a  fee  of  $10.  The  applicant  shall  file  with  his 
application  all  the  proof  required  by  the  rules  of  the  board, 
as  shown  in  the  paragraphs  above  and  below. 

General  Education. 

Applicant  shall  file  with  his  application  satisfactory  proof 
that  he  has  had  a  preliminary  education  substantially  equiva- 
lent to  that  obtained  through  a  common  or  grammar  school 
course  of  study  and  possesses  a  fair  knowledge  of  civil  gov- 
ernment, American  and  English  literature,  general  history, 
and  American  and  English  constitutional  history.  Such  proof 
may  be  made  by  exhibiti^jg  the  diploma  of  any  university  or 
college  in  good  standing,  or  diploma  of  a  high  school  whose 
graduates  are  permitted  to  matriculate  at  a  state  university 
without  an  examination,  or  affidavit  of  the  principal  or  teach- 

(92) 


RULES    FOR    ADMISSION    TO    THE    BAR.  93 

ers  of  a  high  school  under  whom  the  applicant  has  studied, 
designating  the  studies  pursued,  the  length  of  time  devoted  to 
each,  the  applicant's  degree  of  proficiency  in  each  study  and 
showing  that  the  applicant  has  a  preliminary  education  as 
shown  above  and  a  fair  knowledge  of  the  subjects  given  above, 
or  a  diploma  from  any  academy  or  preparatory  school  whose 
course  of  study  has  been  passed  upon  and  accepted  by  the 
Board  of  Law  Examiners.  All  applicants  who  cannot  comply 
with  cither  of  the  above  requirements  shall  be  subjected  to  an 
examination  upon  their  general  education  and  upon  their 
knowledge  of  the  subjects  specified  above.  A  minimum  aver- 
age of  70  per  cent.,  based  on  a  scale  of  100  per  cent.,  shall  be 
necessary  to  qualify  the  applicant  for  the  law  examination. 
Applicants  for  this  preliminary  examination  must  present 
themselves  at  the  clerk's  office  at  2  o'clock  on  the  Saturday 
next  preceding  the  Monday  upon  which  the  law  examination 
will  be  held. 

Term  of  Study. 

While  no  particular  period  of  study  is  prescribed,  the  rules 
of  the  Board  of  Examiners  provide  that  nO  person  will  be 
examined  as  to  his  knowledge  of  the  law,  until  he  has  care- 
fully read  and  studied  at  least  one  standard  unabridged  text- 
book on  each  of  the  following  subjects:  Contracts,  Criminal 
Law  and  Procedure,  Torts,  Domestic  Relations,  Agency,  Pri- 
vate Corporations,  Public  Corporations,  Partnership,  Real 
Property,  Personal  Property,  Sales,  Bailments,  Carriers,  Com- 
mon-Law Pleading,  Code  Pleading,  Equity,  Evidence,  Wills, 
Constitutional  Law,  Negotiable  Instruments,  Extraordinary 
Legal  Remedies,  Conflict  of  Laws  or  Private  International 
Law,  Insurance,  and  Legal  Ethics.  Every  applicant  for  ad- 
mission on  examination  shall  file  w'ith  the  application  his  af- 
fidavit, and  the  affidavit  of  at  least  one  other  credible  person 


94  RULES    FOR   ADMISSION    TO    THE    BAR. 

in  support  thereof,  setting  forth  in  detail  the  several  text- 
books read  by  him,  together  with  the  dates  when  read  and  the 
time  consumed  in  the  reading  thereof,  respectively.  Provided, 
that  this  rule  shall  not  apply  to  graduates  of  any  reputable 
law  school. 

Examination.— Regulation— Scope— Time  and  Place   of  Holding. 

Two  examinations  a  year  are  held  at  Jefferson  City.  The 
exact  date  is  fixed  by  the  Supreme  Court.  Such  examinations 
shall  also  be  held  at  St.  Louis  and  Kansas  City,  and  at  such 
other  cities  in  the  state  as  the  Supreme  Court  may  direct,  and 
at  times  fixed  by  said  court.  If  satisfied  that  the  requirements 
in  the  above  paragraphs  have  been  complied  with,  the  Board 
of  Examiners  will  examine  the  candidate  in  writing  upon  the 
following  subjects:  Contracts,  Criminal  Law  and  Procedure. 
Torts,  Domestic  Relations,  Agency,  Public  and  Private  Cor- 
porations, Partnership,  Real  Property,  Personal  Property, 
Sales,  Bailments,  Carriers,  Common-Law  Pleading,  Code 
Pleading,  Equity,  Evidence,  Wills  and  Probate,  Constitutional 
Law,  Negotiable  Instruments,  Extraordinary  Legal  Remedies, 
Conflict  of  Laws,  Insurance,  Pleading  and  Practice  under  the 
Missouri  Statutes,  and  Legal  Ethics.  All  examinations  shall 
be  written  and  the  applicants  shall  be  graded  on  a  scale  of 
100.  The  board  shall  recommend  for .  admission  any  appli- 
cant, otherwise  qualified,  who  shall  attain  a  general  average 
of  75  per  cent.  Any  applicant-  failing  to  make  a  general  aver- 
age of  75  per  cent,  in  his  first  examination  may,  at  any  time 
within  a  year  thereafter,  take  another  examination  in  those 
subjects  in  which  he  failed  to  make  a  grade  of  '75  per  cent, 
but  none  other,  and  he  shall  be  recommended  for  a  license, 
provided  he  attains  a  general  average  of  75  per  cent,  in  the 
second  examination.  In  case  of  success,  the  oath  will  be  ad- 
ministered and  license  granted. 


RULES   FOR   ADMISSION   TO   THE   BAR.  95 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  becoming  a  resident  of  this  state  after  having 
been  admitted  to  the  bar  in  any  other  state  may,  in  the  discre- 
tion of  the  Supreme  Court,  be  admitted  to  practice  in  this  state 
without  examination,  upon  proof  of  the  other  quaUfications  re- 
quired by  this  act,  and  proof  that  he  has  been  Hcensed  and  has 
practiced  law  regularly  for  three  years  in  the  state  from  which 
he  comes. 

Source  of  Rules. 

Rev.  St.  1909,  §§  939-948;   Rules  of  Board  of  Examiners. 


MISSOURI  DECISIONS. 

1821  to  1915. 

A  complete  set  of  Missouri  Reports  (down  to  1915)  consists 
of  256  vols.  Supreme  and  180  Appeals.  All  decisions  subse- 
quent to  volume  88  Supreme  and  93  Appeals  are  reported  iii 
the  Southwestern  Reporter,  169  vols.,  together  with  all  deci- 
sions for  the  last  29  years  from  Arkansas,  Kentucky,  Tennes- 
see, and  Texas,  and  all  decisions  of  Indian  Territory.  The 
tables  of  cross-citations  furnished  with  the  Southwestern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  Missouri  Court  of  Appeals  was 
organized  in  1876.  The  final  jurisdiction  was  very  low,  and 
until  1902  it  was  not  regarded  as  a  court  of  last  resort.  The 
jurisdiction  was  changed  in  1902,  and  we  then  began  to  pub- 
lish the  decisions  in  the  Southwestern  Reporter. 

We  will  furnish  prices  and  full  information  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Montana. 

Citizenship — Age — Residence— Character. 

The  applicant  for  admission  in  this  state  must  be  a  citizen 
of  the  United  States,  or  a  resident  of  this  state  who  has  bona 
fide  declared  his  intention  of  becoming-  a  citizen,  of  full  age 
and  of  good  moral  character,  which  last  must  be  evidenced  by 
testimonials  satisfactory  to  the  court.  If  such  testimonials  are 
furnished  by  others  than  attorneys  of  this  state,  they  must  be 
in  the  form  of  affidavits. 

Application — When  to  be  Filed — Form  and  Contents. 

Application  must  be  filed  with  the  clerk  of  the  Supreme 
Court  at  Helena,  Mont.,  at  least  ten  days  prior  to  the  date  of 
the  examination,  and  must  be  accompanied  by  the  various 
proofs  required  by  the  rules  as  shown  in  the  paragraphs  above 
and  below. 

Term  of  Study. 

Applicant  shall  file  with  his  petition  a  certificate  of  two  rep- 
utable lawyers  of  this  state  (or  the  affidavits  of  two  non-resi- 
dent attorneys)  that  he  has  been  engaged  in  the  study  of  law 
for  two  successive  years  prior  to  the  time  of  making  his  ap- 
plication. 

Examination  —  Regulations  —  Scope  —  Fee  —  Time  and  Place  of 
Holding. 

Examinations  are  held  in  the  Supreme  Court  rooms  on  the 
first  Wednesday  after  the  first  Tuesday  of  June  and  Decem- 
ber. Such  examinations  are  principally  in  writing,  in  open 
court,  and  are  strict  both  as  to  elementary  principles  and  the 
Codes  and  practice  of  the  state.     The  admission  fee  is  $5. 

(06) 


RULES    FOR    ADMISSION    TO    THE    BAR.  97 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  citizen  of  the  United  States,  or  a  resident  of  this  state 
who  has  bona  fide  declared  his  intention  of  becoming  a  citi- 
zen, who  has  been  admitted  to  practice  before  the  highest  tri- 
bunal of  another  state  or  of  a  foreign  country  where  the  com- 
mon law  exists  as  a  basis,  may  be  admitted  here,  with  or  with- 
out examination,  in  the  discretion  of  the  court,  upon  produc- 
tion of  his  license,  together  with  certificates  showing  good 
moral  character.  A  candidate  for  admission  under  this  rule 
may  make  application  at  any  time  by  filing  a  verified  petition 
with  the  clerk,  showing  where,  with  whom,  and  for  what  pe- 
riod he  studied  law,  where  he  was  first  admitted  to  practice, 
where  and  how  long  he  has  practiced,  his  standing  in  each 
jurisdiction,  and  the  certificate  of  the  presiding  judge  of  the 
highest  trial  court  in  which  he  last  practiced,  showing  peti- 
tioner's good  moral  character.  If  the  applicant  has  never 
practiced,  he  shall  so  state  and  shall  furnish  the  same  evi- 
dence of  good  moral  character  that  a  candidate  for  examina- 
tion is  required  to  furnish.  All  papers  are  delivered  by  the 
clerk  to  the  Attorney  General,  who,  if  satisfied,  after  an  ex- 
amination of  the  papers,  that  applicant  is  entitled  to  admis- 
sion, will  notify  him  when  the  court  will  hear  the  application. 
Applications  under  this  rule  are  made  upon  motion  of  the 
Attorney  General  or  one  of  his  assistants,  and  applicant  is 
required  to  be  personally  present  in  court  when  the  motion  is 
made. 

Admission  on  Diploma. 

A  diploma  from  the  Department  of  Law  of  the  University 
of  Montana  at  ]\Iissoula,  or  evidence  of  having  completed  the 
three  years'  law  course  of  said  department,  shall  entitle  the 
holder  to  a  license  to  practice  law  in  all  the  courts  of  this  state, 
subject  to  the  right  of  the  Chief  Justice  of  the  Supreme  Court 
7 


U8  KULES    FOR    ADMISSION    TO    THE    BAB. 

to  order  an  examination  as  in  ordinary  cases  of  applicants 
without  such  diploma  or  evidence. 

Sex  No  Bar  to  Admission. 

The  foregoing  rules  apply  to  women  as  well  as  to  men. 
Source  of  Rnles. 

Rev.  Codes  1907,  ,§§  6381-6385;  Laws  1911,  c.  13;  Act 
Feb.  18.  1915;  Sup.  Ct.  Rules  in  effect  Nov.  28,  1911  (123 
Pac.  xiv"). 


MONTANA  DECISIONS. 

1868  to  1915. 

A  complete  set  of  Montana  Reports  (down  to  1915)  consists 
of  48  vols.  The  Pacific  Reporter,  143  vols.,  contains  all  deci- 
sions subsequent  to  vol.  3  Montana,  and  all  decisions  for  the 
last  32  years  of  California,  Colorado,  Idaho,  Kansas,  Nevada, 
New  Mexico,  Oregon,  Utah,  Washington,  and  Wyoming,  and 
all  decisions  of  Arizona  and  Oklahoma.  The  tables  of  cross- 
citations  furnished  with  the  Pacific  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. Owing  to  the  limited  number  of  local  precedents,  it  is 
necessary  to  go  outside  of  Montana  for  case-law  authorities, 
and  the  Pacific  Reporter  is  the  medium  naturally  chosen.  In- 
deed, the  set  is  usually  considered  indispensable  in  all  the  Pa- 
cific Coast  states.  This  is  especially  true  as  to  Montana,  for 
the  reason  that  the  Montana  Code  was  adapted  from  that  of 
California,  and  the  courts  follow  the  California  decisions  close- 
ly. The  Pacific  contains  about  70  per  cent,  of  all  the  Califor- 
nia decisions,  including  upwards  of  1,800  that  are  not  pub- 
lished in  the  State  Reports.  Write  for  price  and  full  in- 
formation. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Nebraska. 


Citizensliip — Age — Residence — Character. 

When  applying  for  admission  to  the  bar,  the  appUcant  must 
show  that  he  is  a  citizen  of  the  United  States,  a  resident  of 
Nebraska,  21  years  of  age  at  the  time  of  apphcation,  and  of 
good  moral  character. 

Application — When  to  be  Filed— Form  and  Contents — Fee. 

At  least  four  weeks  prior  to  the  day  set  for  the  examina- 
tions, the  applicant  shall  file  with  the  clerk  of  the  Supreme 
Court  at  Lincoln,  Neb.,  a  written  request  in  his  own  handwrit- 
ing, subscribed  by  himself,  together  with  his  personal  affidavit 
as  to  the  qualifications  mentioned  above  and  below.  These 
proofs  shall  state,  too,  the  time  and  place  of  preparatory  study, 
or  admission  and  period  of  practice  in  courts  of  record  in  an- 
other jurisdiction ;  and  shall  contain  the  affidavit  of  two  repu- 
table citizens  of  the  applicant's  own  community  vouching  for 
his  morality  and  reputation  in  that  community,  and  the  names 
and  addresses  of  three  persons,  other  than  those  certifying  for 
him,  of  whom  further  inquiry  as  to  his  character  and  qualifi- 
cations may  be  made  by  the  board  of  examiners.  At  the  time 
of  filing  application,  the  petitioner  shall  deposit  with  the  clerk 
the  simi  of  $5. 

General  Education — Term  of  Study. 

Before  attempting  the  examination,  applicant  must  prove, 
either  by  school,  college  or  teacher's  certificate  or  diploma  or 
in  examination  before  the  bar  commission,  that  he  has  had 
preliminary  education  equivalent  to  that  involved  in  the  com- 
pletion of  the  first  three  years  of  a  high  school  course  accredit- 
ed by  the  state  department  of  public  instruction.  He  shall  also 
satisfy  the  examiners  by  his  own  affidavit,  and  by  the  affidavit 

(99) 


100  RULES    FOR    ADMISSION    TO    THE    BAR 

or  certificate  of  his  preceptor  or  preceptors,  that  he  has,  for 
a  period  of  three  years,  diligently  pursued  liis  legal  studies 
in  a  reputable  law  school  or  in  the  office  of  a  practicing  attor- 
ney, or  partly  in  one  and  partly  in  the  other.  At  least  one  year 
of  such  office  study  shall  have  been  passed  in  a  law  office  of 
this  state. 

Examination — Regulations — Scope — Time  of  Holding. 

Examinations  will  be  held  on  the  second  Tuesday  of  June 
and  the  third  Tuesday  of  November  of  each  year  and  at  such 
other  times  as  the  commission  may  deem  advisable.  Appli- 
cant must  pass  a  satisfactory  examination  upon  the  principles 
of  the  common  law,  equity,  criminal  law%  and  the  statutes  and 
practice  of  the  state.  The  method  of  conducting  the  examina- 
tion is  left  to  the  discretion  of  the  commission,  consisting  of 
five  attorneys  appointed  by  the  Supreme  Court  each  year.  As 
soon  as  practicable  after  the  conclusion  of  the  examination, 
the  board  shall  report  to  the  court  the  results,  and  the  names 
of  the  persons  entitled  to  admission  as  decided  by  a  majority 
of  the  board,  which  persons  shall  thereupon  be  admitted  to 
practice  upon  taking  the  oath  prescribed  by  law.  If  the  ap- 
plicant is  disqualified,  he  shall  not  be  admitted  to  examination 
for  one  year  from  the  time  of  such  failure,  and  until  he  shall 
have  filed  a  certificate  that  he  has  studied  law  for  one  year 
since  his  rejection. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  practicing  attorney  becoming  a  resident  of  this  state, 
who  has  been  admitted  in  a  court  of  record  of  another  state  or 
territory,  must  make  his  application  as  required  by  these  rules 
and  present  proof  by  certificate  that  he  is  a  licensed  prac- 
titioner in  a  court  of  record  of  another  state  where  the  re- 
quirements for  admission  when  he  w-as  admitted  were  equal  to 
those  now  prescribed  in  this  state,  or,  that  he  has  practiced 


RULES    FOR    ADMISSION    TO    THE    BAR,  101 

law  five  full  years  under  license  in  such  state  within  the  ten 
years  next  preceding  the  date  of  his  application. 

Registration  at  Commencenieiit  of  Study. 

Every  person  applying  for  admission  as  having  studied  in 
the  office  of  a  practicing  attorney  in  this  state  must  have  regis- 
tered with  the  clerk  of  the  Supreme  Court  at  the  beginning 
of  his  term  of  study,  giving  his  name,  address,  and  the  name 
and  address  of  the  attorney  in  whose  office  he  is  studying.  A 
fee  of  50  cents  will  be  required  from  every  applicant  regis- 
tered. 

Ijaxr  School  Graduates. 

Graduates  from  the  College  of  Law  of  the  State  Universitv 
and  the  Creighton  College  of  Law  shall  make  application  and 
present  proofs  of  qualifications  in  the  same  manner  as  required 
of  other  applicants.  If  otherwise  satisfactory,  they  will  be 
admitted  without  further  examination. 

Source  of  Rules. 

Comp.  St.  1913,  c.  5;  Rules  Sup.  Ct.  in  force  Feb.  1,  1914 
(148  N.  W.  xi). 


NEBRASKA  DECISIONS. 

1854  to  1915. 

A  complete  set  of  Nebraska  Reports  (down  to  1915)  con- 
sists of  95  vols.  The  Northwestern  Reporter,  148  vols.,  con- 
tains all  decisions  subsequent  to  vol.  8  Nebraska,  including  the 
decisions  of  the  Supreme  Court  Commissioners,  representing 
90  per  cent,  of  all  the  decisions  of  the  state.  These  Com- 
missioners' Decisions  are  also  published  in  a  series  of  reports 
known    as    "Nebraska    Unofficial    Reports,"    of    which    series 


102  RULES  FOR  ADMISSION  TO  THE   BAR. 

there  are  five  volumes.  The  Northwestern  Reporter  contains, 
in  addition  to  the  above,  all  decisions  for  the  last  36  years  of 
Iowa,  Michigan,  Minnesota,  and  Wisconsin,  and  all  decisions 
of  Dakota  Territory,  and  North  and  South  Dakota.  The  ta- 
bles of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  set  sells  for  about  one-fifth  of 
the  cost  of  the  corresponding  State  Reports.  Write  for  price 
and  full  information. 

West  Publishing  Co.,   St.   Paul,   Minn. 


Nevada. 

Residence— Age— Character. 

The  applicant  for  admission  in  this  state  shall  be  a  bona  fide 
resident  of  the  state,  21  years  of  age,  and  of  good  moral  char- 
acter. 

Application — Fee. 

Application  shall  be  made  to  the  district  judge,  who  shall 
refer  it  to  the  Supreme  Court.  Before  filing  the  application 
a  fee  of  $35  must  be  deposited  with  the  clerk,  which  sum  shall 
be  returned  in  case  the  application  is  rejected. 

Examination — Regulations — Scope — Fee. 

The  Supreme  Court,  on  application  of  the  district  judge 
of  any  judicial  district,  will  appoint  the  district  judge  and 
at  least  two  attorneys,  residents  of  the  district,  to  constitute 
a  committee  of  examiners.  This  committee  shall  test  the 
applicant  upon  his  legal  attainments  by  examination  in  open 
court  on  the  first  day  of  the  term,  the  questions  to  be  an- 
swered in  writing  upon  the  subjects  of  the  history  of  Nevada 
and  of  the  United  States,  the  constitutional  relations  of  the 
state  and  federal  government,  the  jurisdiction  of  the  various 
courts  of  Nevada  and  of  the  United  States,  the  various  sourc- 
es of  municipal  law  of  Nevada,  the  general  principles  of  the 
common  law  relating  to  property  and  personal  rights  and  ob- 
ligations, the  general  grounds  of  equity  jurisdiction  and  prin- 
ciples of  equity  jurisprudence,  rules  and  principles  of  pleading 
and  evidence,  practice  under  the  Civil  and  Criminal  Codes  of 
Nevada,  and  remedies  in  hypothetical  cases.  The  committee 
shall  also  inquire  into  the  course  and  duration  of  the  appH- 

(103) 


104  RULES   FOR  ADMISSION  TO   THE   BAR. 

cant's  studies  and  as  to  the  facts  of  his  age,  residence,  and 
good  moral  character,  and  shall  certify  the  examination  papers 
to  the  Supreme  Court. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  who  has  been  admitted  upon  a  creditable  examination 
in  any  other  state,  territory,  or  foreign  country  where  the  com- 
mon law  of  England  is  the  basis  of  jurisprudence  may  be  li- 
censed here,  upon  proof  of  such  fact  by  affidavit  or  certificate, 
together  with  satisfactory  evidence  of  good  moral  character 
and  a  recommendation  from  a  judge  before  whom  he  last  prac- 
ticed. 

'Women  may  be  Admitted. 

The  foregoing  rules  apply  to  women  as  well  as  to  men. 

Source  of  Rules. 

Comp.  St.  1900,  §§  2612-2618;  Sup.  Ct.  Rules  in  effect 
April  1,  1912. 


NEVADA  DECISIONS. 

1865  to  1915. 

A  complete  set  of  Nevada  Reports  (down  to  1915)  consists 
of  36  vols.  All  decisions  subsequent  to  vol.  16  are  reported  in 
the  Pacific  Reporter,  144  vols.,  together  with  all  decisions  for 
the  last  32  years  of  California,  Colorado,  Idaho,  Kansas,  Mon- 
tana, New  Mexico,  Oregon,  Utah,  Washington,  and  Wyoming, 
and  all  decisions  of  Arizona  and  Oklahoma.  The  tables  of 
cross-citations  furnished  with  the  Pacific  make  it  a  simple  mat- 
ter to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.    Owing  to  the  limited  number  of  local  precedents, 


RULES    FOR    ADMISSION    TO    THE    BAR.  105 

the  Nevada  attorney  is  forced  to  look  to  the  neighboring  states 
for  his  case-law  authorities.  The  Pacific  Reporter,  containing, 
as  it  does,  upwards  of  80  per  cent,  of  all  the  decisions  of  the 
Pacific  states,  and  being  the  only  medium  through  which  a 
large  proportion  of  them  may  be  had,  is  the  natural  selection. 
Write  for  price  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


New  Hampshire. 

Citizensliip— Residence — Age— Character. 

The  applicant  for  a  license  to  practice  shall  be  a  citizen  of 
the  state,  of  the  age  of  21  years,  and  of  good  moral  character. 

Application— When  to  be  Filed— Form  and  Contents — Term  of 
Study. 

He  shall  file  with  the  clerk  of  the  Supreme  Court,  Concord, 
N.  H.,  at  least  14  days  before  the  regular  June  or  December 
session,  a  petition  stating  his  residence,  the  date  and  place  of 
his  birth,  the  term  during  which  he  has  studied  law,  and  the 
name  and  residence  of  the  person  with  whom  he  studied ;  and 
he  shall  file  therewith  certificates  showing  that  he  is  of  good 
moral  character  and  that  he  has  studied  law  as  set  forth  in 
the  petition.  Term  of  study  required  is  three  years,  and  may 
be  pursued  in  the  office  of  a  member  of  the  bar  in  good  stand- 
ing or  in  a  reputable  law  school.  If  the  papers  so  filed  show 
that  he  is  entitled  to  be  examined,  he  will  be  allowed  to  take 
the  examination  at  the  next  meeting  of  the  committee. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Concord,  beginning  on  the  Thurs- 
day before  the  last  Saturday  of  June  and  the  third  Tuesday  in 
December. 

The  candidate  shall  pass  a  satisfactory  examination  on  the 
various  branches  of  law  before  a  committee  appointed  by  the 
Supreme  Court,  and  shall  average  70  per  cent,  in  the  correct- 
ness of  his  answers  to  have  them  considered  satisfactory.  A 
person  who  fails  in  an  examination  for  admission  to  the  bar  will 
not  be  admitted  to  another  examination  until  the  court,  upon 
special  consideration  of  the  case,  make  an  order  to  that  effect. 

(lOG) 


RULES    FOR   ADMISSION    TO    THE    BAB.  107 

Admission  of  Attorneys   from   Other   Jnrisdictions. 

One  admitted  to  practice  in  the  highest  court  of  another  state 
may  be  admitted  here,  without  examination  as  to  legal  quali- 
fications, upon  production  of  proof  of  such  admission,  that  he 
is  of  good  moral  character,  that  he  has  practiced  law  in  the 
state  of  his  admission  for  at  least  three  years,  and  that  he  is  a 
resident  of  this  state  at  the  time  of  application.  Proof  of  ad- 
mission in  such  former  state  will  be  exclusively  by  certificate 
from  a  judge  of  the  highest  court  in  such  state,  under  seal  of 
the  court. 

Filing  Certificate  Before  Commencement  of  Study. 

Any  person  proposing  to  study  law  with  a  view  to  applying 
for  admission  to  the  bar  shall,  within  14  days  after  commenc- 
ing the  study,  file  with  the  clerk  of  the  Supreme  Court  a  certifi- 
cate stating  his  age,  residence,  what  preparatory  education  he 
has  had,  the  name  and  residence  of  person  with  whom  he  is 
studying,  and  the  date  when  he  commenced  the  study;  also  a 
certificate  of  the  person  with  whom  he  is  studying,  stating  the 
fact  and  when  the  study  began. 

Source  of  Rules. 

59  Atl.  vii-viii. 


NEW  HAMPSHIRE  DECISIONS. 

1816  to  1915. 

A  complete  set  of  New  Hampshire  Reports  (down  to  1915) 
consists  of  16  vols.  All  decisions  subsequent  to  vol.  63  are  re- 
ported in  the  Atlantic  Reporter,  91  vols.  The  set  also  contains 
all  decisions  for  the  last  30  years  of  Connecticut,  Delaware, 
Maine,  Maryland,  New  Jersey,  Pennsylvania,  Rliode  Island, 


108  RULKS   FOR  ADMISSION   TO   THE   BAR. 

and  Vermont,  including  upward  of  3,000  decisions  that  have 
been  omitted  from  the  State  Reports  and  can  only  be  found  in 
the  Reporter.  The  tables  of  cross-citations  furnished  with  the 
Atlantic  make  it  a  simple  matter  to  find  the  cases,  even  if  cited 
by  the  State  Report  page  and  volume.  Write  for  full  par- 
ticulars and  price. 

West  Publishing  Co.,  St  Paul,  Minn. 


New  Jersey. 


Citizensliip— Age — Character. 

To  procure  a  license  in  this  state,  the  applicant  shall  be  21 
years  of  age  and  of  good  moral  character,  and  recommended 
to  the  Governor  for  a  license. 

Application — \Vhen  to  be  Filed — Proof  of  Qualifications. 

Applicant  must  file  notice  of  his  intention  to  apply  for  ad- 
mission to  the  bar  with  the  clerk  of  the  circuit  court  of  the 
county  in  which  he  served  his  clerkship,  or  in  which  he  re- 
sides, two  months  prior  to  taking  the  examination,  evidence  of 
which  fact,  by  certificate  of  said  clerk  of  circuit  court,  must  be 
filed  with  the  clerk  of  the  Supreme  Court,  Trenton,  N.  J.,  to- 
gether with  the  other  proofs  mentioned  hereafter,  at  least  20 
days  before  the  first  day  of  the  term.  He  shall  also  file  with 
the  clerk  of  the  Supreme  Court  proof  of  all  the  qualifications 
as  to  age,  residence,  moral  character,  general  education,  clerk- 
ship, term  of  study,  etc.,  required  by  the  rules.  Proof  of 
qualifications  as  to  age,  residence,  moral  character,  clerkship 
and  term  of  study  may  be  supplied  by  certificate  or  affidavit,  or 
both.  Proof  of  general  education  shall  be  furnished  by  one 
of  the  means  specified  below. 

General  Education. 

At  least  three  years  before  taking  the  bar  examination  the 
applicant  must  have  passed  his  final  examination  for  gradua- 
tion in  a  college,  university,  public  high  school,  or  private 
school  approved  by  the  Board  of  Examiners,  evidence  of 
which  fact,  by  certificate  or  otherwise,  must  be  submitted  to 
and  approved  by  the  State  Superintendent  of  Public  Instruc- 
tion before  being  filed  with  the  clerk  ©f  the  Supreme  Court, 
or  must  have   passed  an  equivalent  examination  to   be   held 

(109) 


no  RULES    FOR    ADMISSION    TO    THE    BAR. 

under  the  supervision  of  the  Bar  Examiners.  These  prelimi- 
nary examinations  are  held  in  each  county  of  the  state  on  the 
first  Friday  and  Saturday  of  February,  May,  and  October,  at 
the  times  and  places  at  which  county  examinations  are  held 
for  teachers'  licenses.  Information  regarding  the  exact  times 
and  places  may  be  obtained  from  the  superintendent  of  schools 
of  the  respective  counties.  Each  candidate  will  be  examined 
upon  ten  subjects  (of  which  Composition  and  Orthography 
must  be  two)  that  he  may  select  from  the  following  list:  Ad- 
vanced History  of  the  United  States,  General  History,  Ad- 
vanced Arithmetic,  Advanced  Algebra,  Plane  Geometry,  Phys- 
iology, Grammar,  Composition,  Orthography,  Geography,  Civ- 
ics, Physics,  Latin,  French,  Bookkeeping,  Business  Practice. 
The  county  Board  of  Examiners  will  notify  the  State  Super- 
intendent of  Public  Instruction  of  those  who  pass  the  exam- 
ination, whereupon  the  Superintendent  will  issue  certificate  of 
that  fact  to  the  successful  candidate  for  presentation  to  the 
clerk  of  the  Supreme  Court,  as  above  required. 

Term  of  Study. 

Applicant  must  have  served  a  regular  clerkship  with  a  prac- 
ticing attorney  of  the  Supreme  Court  for  three  years,  or  must 
have  served  such  clerkship  for  at  least  one  year  and  six 
months,  and  have  spent  another  period  sufficient  to  make  three 
years  all  together,  in  regular  attendance  upon  the  law  lectures 
in  some  law  school  of  established  reputation  in  the  United 
States.  The  applicant  shall  file  with  the  clerk  of  the  Supreme 
Court,  at  the  commencement  of  the  clerkship,  a  certificate  of 
the  attorney  that  the  clerkship  has  begun. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  for  attorneys  and  counselors  are  held  on  the 
first  Thursday  of  the  February,  June,  and  November  terms, 
at  Trenton. 


RULES    FOR    ADMISSION    TO    THE    BAR.  Ill 

The  topics  and  books  on  which  the  appHcants  will  be  exam- 
ined, are  published  in  pamphlet  form  by  the  Board  of  Exam- 
iners and  may  be  obtained  upon  requisition  to  the  clerk  of  the 
Supreme  Court,  at  Trenton.  This  pamphlet  also  contains  the 
forms  required  for  the  various  certificates,  proofs  and  notices. 
The  examinations  are  written  and  oral,  and  are  conducted  by 
the  Board  of  Examiners,  consisting  of  three  counselors  ap- 
pointed by  the  court.  Board  shall  report  to  the  Supreme  Court 
the  names  of  those  candidates  who  passed  the  examination 
successfully. 

Admission  of  Attorneys  from  Otlier  Jurisdictions. 

An  attorney  admitted  in  another  state,  whose  clerkship  and 
profession  in  that  state,  or  in  this,  or  in  both,  have  been  pur- 
sued for  a  term  of  three  years  shall  be  eligible  to  examination, 
upon  proof  of  good  moral  character  and  educational  qualifica- 
tions, provided,  that  he  may  take  the  examination  as  to  gen- 
eral education  at  any  time  before  taking  the  bar  examination. 
Regular  attendance  upon  law  lectures  in  a  reputable  law  school 
for  a  period  not  exceeding  18  months  may  stand  in  lieu  of  an 
equal  period  of  clerkship.  In  case  such  attorney  has  been 
actively  engaged  in  practice  in  such  other  state  for  ten  years, 
he  shall  not  be  required  to  take  the  examination  as  to  prelim- 
inary education.  Two  months'  notice  must  be  given  of  appli- 
cant's intention  to  take  the  examination,  same  as  prescribed 
for  other  applicants. 

Admission  as  Counselor — Women  may  be  Admitted. 

No  one  shall  be  recommended  for  license  to  practice  as  a 
counselor  until  he  shall  have  practiced  as  an  attorney  in  the 
Supreme  Court  of  this  state  for  three  years  and  given  proof 
in  examination  of  his  legal  ability,  or,  if  he  has  practiced  in 
another  state,  until  the  whole  period  of  his  practice  in  this  and 
such  other  state  shall  be  six  years,  the  last  year  of  which 


112  RFLKS   FOR   ADMISSION   TO   THE   BAR. 

period  must  have  been  in  this  state.  No  appHcation  is  neces- 
sary to  take  the  counselors'  examination,  but  20  days'  notice 
should  be  given  to  the  clerk  of  the  Supreme  Court  by  those  in- 
tending to  take  it.  Women  may  be  licensed  upon  complying 
with  the  prescribed  requirements. 

Source  of  Rules. 

Comp.  wSt.  1910,  p.  4055,  §  12;  Rules  Sup.  Ct.  and  Board  of 
Examiners  in  force  March,  1911. 


NEW  JERSEY  DECISIONS. 

1790  to  1915. 

Complete  sets  of  New  Jersey  Reports  (down  to  1915)  con- 
sist of: 

New  Jersey  Law,  85  vols.,  1790-1915. 

New  Jersey  Equity,  82  vols.,  1830-1915. 
The  Atlantic  Reporter,  91  vols.,  contains  all  decisions  of 
New  Jersey  subsequent  to  47  Law  and  40  Equity.  It  also  con- 
tains all  decisions  for  the  last  30  years  of  Connecticut,  Del- 
aware, Maine,  Maryland,  New  Hampshire,  Pennsylvania, 
Rhode  Island,  and  Vermont.  The  tables  of  cross-citations  fur- 
nished with  the  Atlantic  make  it  a  simple  matter  to  find  the 
cases,  even  if  cited  by  the  State  Report  page  and  volume.  The 
Atlantic  Reporter  includes  upward  of  3,000  decisions  that  have 
not  been  and  will  not  be  published  in  the  State  Reports.  Over 
1,500  of  the  omitted  decisions  are  from  New  Jersey.  Re- 
garding the  value  of  these  decisions  as  precedents,  we  quote 
from  the  report  of  the  committee  on  reporting  and  digesting 
to  the  American  Bar  Association,  1898 :  "In  New  Jersey  the 
judges  and  reporters  have  excluded  or  omitted  from  the  reports 


RULES    FOR    ADMISSION    TO    THE    BAR.  113 

667  cases  which  have  Leen  pubUshed  in  the  first  33  vols,  of  the 

Atlantic  Reporter.    *    *    *    Some  of  them  are  decisions  which 

have  proved  to  be  the  controlling  authorities,  and  have  become 

leading  cases  in  some  branch  of  law  or  practice."    In  view  of 

this  statement  from  such  an  impartial  authority,  can  you  afford 

to  practice  without  all  of  these  decisions?    Write  for  price  and 

full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


New  Mexico. 

Citizenship— Residence — Age — Character. 

Tlie  petitioner  for  license  to  practice  in  this  state  shall  be 
a  citizen  of  the  United  States,  or  shall  have  declared  his  bona 
fide  intention  of  becoming  such,  and  shall  be  a  resident  of 
this  territory,  21  years  of  age,  and  of  good  moral  character. 

Application — Form  and  Contents — Fee. 

At  least  30  days  before  the  time  set  for  holding  the  exam- 
ination, the  applicant  shall  file  with  the  secretary  of  the  Board 
of  Examiners  at  Santa  Fe  a  petition  under  oath,  stating  the 
time  and  place  of  his  birth,  and  his  place  of  residence  during 
the  past  five  years,  accompanied  by  the  proofs  specified  below 
as  to  term  of  study  and  the  certificate  of  some  reputable  at- 
torney or  other  credible  person  vouching  for  his  character. 
It  shall  contain,  too,  a  statement  of  all  the  facts  material  to 
his  preparatory  work.  The  application  must  be  accompanied 
by  a  fee  of  $15.  The  clerk  of  the  Supreme  Court  is  also  sec- 
retary of  the  Board  of  Examiners. 

Term  of  Study. 

Applicant  must  have  diligently  pursued  the  study  of  law 
either  in  some  reputable  law  school  or  in  the  office  of  some 
member  of  the  bar  of  this  territory  for  at  least  two  years,  and 
his  petition  must  state  when  and  where  such  studies  were 
carried  on. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  on  the  first  day  of  each  regular  term 
of  the  Supreme  Court  in  January  and,  unless  otherwise  an- 
nounced, on  the  first  day  of  the  midsummer  session  of  the 
Supreme  Court,  at  Santa  Fe.    The  application  shall  be  referred 

(114) 


RULES    FOR    ADMISSION    TO    THE    BAR.  115 

to  the  Board  of  Examiners,  consisting  of  three  members  of 
the  bar  of  this  territory,  who  shall  in  open  court  examine  the 
applicants  upon  the  subjects  of  Real  and  Personal  Property, 
Contracts,  Partnership,  Negotiable  Instruments,  Agency,  Prin- 
cipal and  Surety,  Executors  and  Administrators,  Bailments, 
Corporations,  Personal  Rights,  Domestic  Relations,  the  Prin- 
ciples of  Constitutional  Law,  Wills,  Equity  Jurisprudence, 
Pleading,  Evidence,  Criminal  Law  and  such  other  subject  as 
the  board  shall  direct.  Such  examination  shall  be  oral  or  writ- 
ten, or  both,  in  the  discretion  of  the  court,  and  the  board  shall 
report  the  results  thereof  to  the  Supreme  Court.  An  aver- 
age of  68  per  cent,  on  all  the  questions  propounded  is  neces- 
sary to  entitle  the  candidate  to  admission.  Any  applicant  who 
fails  to  pass  shall  be  notified  as  to  subjects  in  which  he  quali- 
fied and  those  in  which  he  did  not  qualify,  and  shall  have 
the  option  of  appearing  for  examination  at  anjj.  time  within 
one  year  without  additional  charge  and  taking  another  exam- 
ination on  those  subjects  in  which  he  was  found  deficient.  If 
at  the  time  of  such  adverse  report  such  applicant  is  practicing 
under  a  temporary  license,  the  board  may  recommend  that 
such  license  be  extended  for  a  period  of  not  to  exceed  one 
year.  An  applicant  who  has  taken  the  examination  twice,  as 
above  prescribed,  and  failed,  shall  not  be  permitted  to  again 
become  an  applicant  until  two  years  after  his  last  failure,  and 
he  shall  then  file  a  new  application  and  take  the  whole  ex- 
amination. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  who  has  been  admitted  to  practice  by  the  high- 
est court  of  general  original  jurisdiction  of  any  other  state  or 
territory,  and  who  has  practiced  for  at  least  three  years  im- 
mediately prior  to  the  filing  of  his  application,  shall  upon  the 
recommendation  of  the  board  be  granted  a  certificate  without 
examination,  and  the  board  may  recommend  such  certificate  if 


IIG  RULES    FOR    ADMISSION   TO    THE    BAR. 

applicant  has  not  practiced  for  three  years  immediately  pre- 
ceding the  filing  of  his  application,  if  it  appears  that  his  failure 
to  practice  has  been  due  to  ill  health  or  other  sufficient  rea- 
sons, and  he  has  not  been  out  of  the  practice  so  long  as  to 
disqualify  him  for  admission:  Provided,  that  such  person 
must  have  practiced  law  for  a  period  of  at  least  three  years. 
He  shall  file  his  application,  accompanied  by  proper  certifi- 
cate other  than  his  own,  with  the  secretary  of  the  Board  of 
Examiners  at  least  30  days  before  the  date  of  the  examina- 
tion, and  such  application  must  show  the  date  of  his  admis- 
sion, the  name  of  the  court  in  which  he  was  admitted,  and  the 
length  of  time  he  has  been  engaged  in  active  practice. 

Miscellaneous. 

The  district  courts  shall  have  power  to  issue  to  any  proper 
person,  wh':  has  filed  his  application  for  admission  with  the 
Board  of  Examiners,  a  temporary  license  to  practice  in  the 
district  courts,  such  license  to  expire  at  the  first  meeting  of 
the  Board  of  Bar  Examiners  at  Santa  Fe  after  the  same  is 
granted. 

Attorneys  who  have  been  admitted  to  practice  while  bona 
fide  residents  of  this  state  shall  not  be  precluded  from 
practicing  in  any  of  the  courts  of  the  state  by  reason  of  their 
subsequent  removal  from  the  state. 

Source  of  Rules. 

Laws  1909,  c.  53;    Sup.  Ct.  Rules  in  force  April  15,  1912. 


NEW  MEXICO  DECISIONS. 

1852  to  1915. 


A  complete  set  of  New  IMexico  Reports  (down  to   1915) 
consists  of  17  vols.    All  decisions  subsequent  to  vol.  2  are  re- 


RULES   FOR   ADMISSION   TO   THE   BAR.  117 

ported  in  the  Pacific  Reporter,  143  vols.  The  Pacific  also  con- 
tains all  decisions  for  the  last  32  years  of  California,  Colorado, 
Idaho,  Kansas,  Montana,  Nevada,  Oregon,  Utah,  Washington, 
and  Wyoming,  and  all  of  Arizona  and  Oklahoma.  The  tables 
of  cross-citations  furnished  with  the  Pacific  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  page 
,and  volume.  The  limited  number  of  local  decisions  increases 
the  necessity  of  using  decisions  from  other  states  as  precedents. 
The  Pacific  Reporter,  containing,  as  it  does,  the  decisions  of 
the  neighboring  states,  is  naturally  the  medium  which  furnishes 
the  decisions  desired.  It  is  so  generally  used  and  cited  in  New 
^Mexico  that  it  may  be  regarded  as  mdispensable.  Write  for 
price  and  complete  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


New  York. 

Citizenship— Residence— Age— Character. 

The  applicant  for  examination  and  admission  to  practice 
shall  prove  by  his  affidavit  to  the  Board  of  Examiners  that  he 
is  a  citizen  of  the  United  States,  has  been  an  actual  resident  of 
this  state  for  6  months  immediately  preceding  his  application, 
and  is  21  years  of  age,  and  shall  offer  to  the  Supreme  Court 
evidence  of  good  moral  character,  w^hich  last  must  be  shown  by 
the  affidavits  of  two  reputable  persons  of  the  town  or  city  in 
which  he  resides,  one  of  whom  must  be  a  practicing  attorney 
of  the  Supreme  Court.  He  shall  also  show  to  the  Board  of 
Examiners  that  he  has  not  been  examined  and  refused  admis- 
sion to  practice  within  4  months  immediately  preceding. 

Application — AVhen  to  be  Filed — Fomi  and  Contents — Fee. 

Each  applicant  for  examination  must  file  with  the  secretary- 
treasurer  of  the  board  of  examiners,  Hon.  Franklin  M.  Dana- 
her,  Bensen  Bldg.,  Albany,  N.  Y.,  at  least  15  days  before  the 
examination,  proof  of  the  qualifications  as  to  age,  residence, 
general  education,  clerkship,  term  of  study,  etc.,  mentioned  in 
the  paragraphs  above  and  below.  A  fee  of  $15  must  be  paid  to 
the  treasurer  at  the  time  the  application  is  filed.  This  fee  will 
entitle  the  applicant  to  three  examinations.  The  petition  for 
examination  must  be  entitled  in  the  department  in  which  ap- 
plicant resides,  but  he  may  appear  for  examination  in  any  de- 
partment, whether  a  resident  thereof  or  not,  provided  he 
secures  the  permission  of  the  board  at  least  15  days  before  the 
examination. 

General  Education. 

Those  applicants  who  are  not  graduates  of  colleges  of  good 
standing,  or  attorneys  admitted  in  other  states,  before  entering 

(118) 


RULES    FOR    ADMISSION    TO    THE    BAR.  119 

upon  the  clerkship  or  attendance  at  a  law  school  as  prescribed 
below,  shall  undergo  an  examination  under  the  authority  of 
the  State  University  in  English,  three  years ;  Mathematics,  two 
years ;  Latin,  two  years  ;  Science,  one  year ;  History,  two  years  ; 
or  in  their  substantial  equivalents. 

Term  of  Study. 

The  candidate  shall  prove  to  the  satisfaction  of  the  Board  of 
Examiners  that  he  has  pursued  the  study  of  law  for  four 
years,  except  that,  if  he  is  a  graduate  of  any  college  or  uni- 
versity, the  period  of  study  shall  be  three  years,  and  except, 
also,  that  persons  admitted  in  the  highest  court  of  original  ju- 
risdiction in  another  state,  who  have  practiced  in  that  state 
for  three  years  since  their  admission,  shall  be  permitted  to 
enter  upon  the  examination  after  one  year  of  study  in  this 
state.  The  period  of  this  preliminary  study,  on  the  part  of 
applicants  who  are  not  graduates  of  a  college  or  university, 
may  be  spent  by  serving  a  clerkship  in  the  office  of  a  prac- 
ticing attorney  of  the  Supreme  Court  of  this  state  after  the 
age  of  18  has  been  reached,  or  partly  in  such  office  and  partly 
by  attending  a  law  school  of  sufficient  standing,  but  every 
such  applicant  must  serve  such  clerkship  for  at  least  one  year 
continuously  either  before  examination  by  the  Board  of  Ex- 
aminers or  after  such  examination  and  prior  to  admission  to 
the  bar.  The  computation  of  the  time  so  spent  in  the  office  of 
an  attorney  shall  commence  at  the  filing  with  the  clerk  of  the 
court  of  appeals  of  such  attorney's  certificate  announcing  the 
clerkship.  If  the  applicant  be  a  graduate  of  a  college  or  uni- 
versity, he  may  pursue  the  prescribed  course  of  study  in  the 
office  of  a  practicing  attorney  in  this  state,  or  by  attending  a 
law  school,  or  partly  under  one  of  these  conditions  and  partly 
u-nder  the  other,  but  the  period  of  study  must  be  pursued 
after  his  graduation.  If  he  be  a  person  admitted  to  the  bar 
of  another  state  or  country,  he  may  pursue  the  prescribed  pe- 


120  RULES    FOR    ADMISSION    TO    THE    BAR. 

riod  of  study  either  by  serving  a  clerkship  or  by  attendance 
upon  a  law  school,  but  the  period  of  study  must  be  pursued 
after  having  remained  as  a  practicing  attorney  in  such  other 
state  or  country  for  three  years. 

£xaiuinatiou — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  in  each  department  four  times  a 
year.  Information  regarding  the  exact  times  and  places  may 
be  obtained  of  the  secretary  of  the  board.  Such  examinations 
are  divided  by  the  board  into  two  groups,  viz. :  Group  1,  Plead- 
ing, Practice,  and  Evidence;  group  2,  Substantive  Law,  viz.: 
Real  Property,  Contracts,  Partnership,  Negotiable  Paper, 
Principal  and  Agent,  Principal  and  Surety,  Insurance,  Bail- 
ments, Sales,  Criminal  Law,  Torts,  Wills  and  Administration, 
Equity,  Corporations,  Domestic  Relations,  Legal  Ethics  and 
the  Constitutions  of  New  York  State  and  of  the  United 
States.  The  test  may  be  oral  or  written,  or  partly  oral  and 
partly  written,  and  shall  embrace  questions  on  the  subjects 
selected  by  the  board.  An  applicant  obtaining  the  required 
standard  in  either  group  and  not  on  his  entire  paper  will  re- 
ceive a  pass  card  for  the  group  which  he  passes,  and  m.ay  be 
re-examined  at  the  end  of  four  months,  on  the  group  in  which 
he  failed.  If  the  board  favors  admission,  it  will  so  signify 
to  the  Supreme  Court;  but,  if  not,  the  rejected  applicant  shall 
not  be  allowed  re-examination  for  four  months. 

Admission  of  Attorneys   from   Other   Jurisdictions. 

An  attorney  who  has  been  admitted  to  practice  in  another 
state,  and  who  has  remained  therein  as  a  practicing  attorney 
for  three  years,  shall  offer  proof  of  such  admission  and  pursuit 
of  his  profession,  and  of  the  prescribed  period  of  study  for 
one  year  in  this  state,  and  shall  then  be  permitted  to  undergo 
the  examination  of  the  board.  One  who  has  been  admitted  to 
practice  in  the  highest  court  of  law  in  any  state  or  territory  of 


RULES   FOR  ADMISSION   TO  THE   BAR.  121 

the  United  States  or  in  the  District  of  Columbia  and  has  prac- 
ticed his  profession  there  for  a  period  of  five  years,  or  who  has 
been  admitted  and  has  practiced  five  years  in  another  country 
whose  jurisprudence  is  based  upon  the  principles  of  the  English 
common  law ;  or  who  being  an  xA^merican  citizen  and  dom- 
iciled in  a  foreign  country  whose  jurisprudence  is  based  on 
the  principles  of  the  English  common  law  has  received  such 
diploma  or  degree  therein  as  would  entitle  him,  if  a  citizen 
of  such  foreign  country,  to  practice  law  in  its  court,  may,  in 
the  discretion  of  the  Appellate  Division  of  the  Supreme  Court, 
be  admitted  here  without  examination,  after  furnishing  satis- 
factory evidence  of  character  and  qualifications.  Applicants 
admitted  under  this  rule  must  produce  a  letter  of  recom- 
mendation from  one  of  the  judges  of  the  highest  court  of 
such  other  state  or  country,  or  furnish  other  satisfactory  evi- 
dence of  character  or  qualifications. 

Race  or  Sex  No  Bar  to  Admission. 

Race  or  sex  shall  ofl:er  no  bar  to  admission  in  this  state. 

Source  of  Rules. 

Consol.  Laws,  ch.  30,  §§  53,  460-467;  Rules  Ct.  App.  in 
effect  July  1,  1911;  Rules  Board  of  Examiners  in  effect  Dec. 
1,  1912. 


NEW  YORK  DECISIONS. 

1794  to  1915. 

A  complete  set  of  reports  of  the  courts  of  last  resort  in  New 
York  (down  to  1915)  consists  of: 

New  York  Common  Law,  80  vols.,  1794-1848. 
New  York  Chancery,  32  vols.,  1814-1848. 
New  York  Appeals,  212  vols.,   1847-1915. 


122  RULES    FOR    ADMISSION   TO    THE    BAR. 

The  Northeastern  Reporter,  105  vols.,  contains  all  decisions 
of  the  New  York  Court  of  Appeals  subsequent  to  vol.  98.  It 
also  contains  all  decisions  for  the  last  30  years  of  Illinois,  In- 
diana, Massachusetts,  and  Ohio.  The  tables  of  cross-citations 
furnished  with  the  Northeastern  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. 

There  have  been  and  still  are,  a  number  of  lower  courts  of 
record,  and  of  appellate  jurisdiction,  such  as  the  Supreme 
Court,  Superior  Court,  Court  of  Common  Pleas,  etc.  The  deci- 
sions of  these  courts  have  been  reported  in  part  in  a  heterogene- 
ous mass  of  official  and  unofficial  reports.  These  are  usually 
cited  by  the  names  of  the  Reporters,  and  are  collectively  classed 
as  Supreme,  Practice  and  Code,  Superior,  Common  Pleas,  and 
Criminal  Reports.  The  tabulated  list  is  too  long  to  include 
here,  but  we  will  furnish  a  catalogue  in  which  these  are  set 
forth,  on  request.  In  1888  we  commenced  the  publication  of 
the  New  York  Supplement,  which  now  has  148  vols.  In  this 
set  we  have  reported  in  full,  systematically  and  promptly,  all 
decisions  of  these  inferior  courts  of  record,  including  all  the 
decisions  as  reported  in  some  425  vols,  of  the  official  and  unoffi- 
cial reports  above  referred  to,  and  upward  of  8,500  additional 
decisions,  which  have  been  either  entirely  omitted  from  the 
State  Reports,  or  reported  only  as  memorandum  decisions. 
The  New  York  Supplement  is  supplied  with  tables  which  make 
it  a  perfect  and  convenient  substitute  for  the  State  Reports. 

We  will  be  pleased  to  quote  prices  and  furnish  full  informa- 
tion regarding  these  Reporters  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


North  Carolina. 


Age — Character. 

Persons  who  may  apply  for  admission  must  have  attained 
the  age  of  21  years  or  will  arrive  at  that  age  before  the  time 
for  the  next  examination,  and  must  be  of  good  moral  char- 
acter. Applicants  resident  of  this  state  shall  offer  proof  of 
such  good  moral  character  by  certificate,  signed  by  two  mem- 
bers of  the  bar  of  this  court.  Those  applying  by  virtue  of  ad- 
mission in  some  other  state  may  offer  such  proof  by  certificate 
signed  by  any  state  officer  of  the  state  from  which  they  come. 

Application — Proofs  Required — Fee. 

Applications  must  be  filed  with  the  clerk  of  the  Supreme 
Court  at  Raleigh,  and  must  be  accompanied  by  the  proofs  re- 
quired by  these  rules.  No  formal  application  is  required,  and 
no  application  blanks  are  used.  A  fee  of  $23.50  will  accom- 
pany each  application,  which  sum  (except  $1.50  for  the  clerk) 
will  be  returned  in  case  applicant  fails  to  pass  the  examina- 
tion. 

Term  of  Study. 

Each  applicant  shall  have  read  law  for  a  period  of  two  years, 
and  during  the  course  of  such  study  shall  have  perused  Ewell's 
Essentials  (3  vols.),  Clark  on  Corporations,  Schouler  on  Ex- 
ecutors, Bispham's  Equity,  Clark's  Code  of  Civil  Procedure, 
Revisal  1905  of  North  Carolina  (vol.  1),  the  Constitutions  of 
the  United  States  and  of  the  state  of  North  Carolina,  Creasy's 
English  Constitution,  Sharswood's  Legal  Ethics,  Sheppard's 
Constitutional  Text-Book,  and  Cooley's  Principles  of  Constitu- 
tional Law   (or  their  equivalents).     Proof  of  said  period  of 

(123) 


124  RULES    FOR   ADMISSION    TO    THE    BAR. 

study  shall  be  by  certificate  of  a  dean  of  a  law  school  or  a 
member  of  the  bar  of  this  court  under  whose  instruction  such 
study  was  pursued. 

Examination— Regulations — Scope— Time  and  Place  of  Holding. 

Examinations  will  be  held  at  Raleigh  on  the  first  Monday  in 
February  and  the  last  Monday  in  August  of  each  year  and  at 
no  other  time.  The  candidate  shall  undergo  a  written  test  be- 
fore the  justices  of  the  Supreme  Court  upon  the  various 
branches  of  the  law,  and,  if  deemed  sufficiently  capable,  as 
disclosed  by  the  test,  he  shall  take  the  oath  of  office. 

Admission  of  Attorneys   from    Other  Jurisdictions. 

If  the  applicant  has  obtained  license  to  practice  law  in  an- 
other state,  he  may,  in  lieu  of  the  certificate  of  two  years'  read- 
ing and  proficiency,  file  (with  leave  to  withdraw)  his  law  li- 
cense issued  by  said  state.  In  all  other  respects  he  must  com- 
ply with  the  requirements  made  for  other  applicants. 

Miscellaneous. 

The  Supreme  Court  has  decided  (55  S.  E.  635)  that  one  who 
complies  with  the  formal  requirements  prescribed  by  the  stat- 
ute is  entitled  to  become  an  applicant  and  to  be  examined,  and, 
if  he  shows  himself  to  have  competent  knowledge,  it  is  the  duty 
of  the  court  to  license  him  without  investigating  his  general 
moral  character. 

Source  of  Rules. 

Rev.  Laws  1908,  §§  207,  208;  Rules  Sup.  Ct.  revised  and 
adopted  February  Term,  1914;  In  re  Applicants  for  License 
(N.  C.)  55  S.  E.  635. 


RULES  FOR  ADMISSION   TO  THE   BAR.  125 

NORTH  CAROLINA  DECISIONS. 

1778  to  1915. 

A  complete  set  of  North  Carolina  Reports  (down  to  1915) 
consists  of  165  vols.  All  North  Carolina  decisions  subsequent 
to  vol.  95  are  reported  in  the  Southeastern  Reporter,  82  vols. 
The  set  also  contains  all  decisions  for  the  last  28  years  of 
Georgia,  South  Carolina,  Virginia,  and  West  Virginia.  The 
tables  of  cross-citations  furnished  with  the  Southeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  Write  for  prices  and  full  informa- 
tion. 

West  Publishing  Co.,  St.  Paul,  Minn. 


North  Dakota. 

Residence— Age — Character. 

Every  applicant  for  admission  shall  be  a  resident  of  the  state, 
21  years  of  age,  and  of  good  moral  character,  which  latter  fact 
shall  be  shown  by  affidavit  of  the  secretary  or  dean  of  the  law 
school  he  attended  or  the  attorney  in  whose  office  he  studied. 

Application — Form  and  Contents — Fee. 

Applications,  on  blanks  furnished  by  the  clerk  of  the  Su- 
preme Court,  must  be  filed  with  the  clerk  at  Bismarck  as  soon 
as  possible  before  the  date  of  the  examination,  and  must  con- 
tain all  the  proofs  as  to  age,  residence,  good  moral  character, 
period  of  study,  etc.,  required  by  the  rules.  If  the  application 
is  for  admission  on  motion,  a  fee  of  $3  will  be  paid  at  the  time 
of  filing;    if  for  admission  on  examination,  a  fee  of  $20. 

Term  of  Study. 

Each  applicant  for  admission  must  have  pursued  a  regular 
course  of  study  of  the  law  for  at  least  three  years,  either  in  the 
office  of  a  member  of  the  bar  engaged  in  active  practice  in  this 
state  or  under  the  direction  of  a  judge  of  the  Supreme  Court, 
district  court,  or  county  court  having  increased  jurisdiction 
of  this  state,  or  in  some  reputable  law  school  in  the  United 
States,  or  partly  in  such  office  and  partly  in  such  law  school. 
In  no  case  will  applicants  be  admitted  to  examination  unless 
it  shall  appear  that  they  have  pursued  a  course  of  study  equiv- 
alent to  that  required  of  candidates  for  graduation  in  the  law 
department  of  the  State  University.  It  shall  be  the  duty  of 
attorneys  in  this  state  with  whom  a  clerkship  has  begun  to 
file  with  the  clerk  of  the  Supreme  Court  a  certificate  stating 
the  date  of  the  commencement  of  such  clerkship,  and  such 
period  shall  be  deemed  to  commence  at  the  time  of  such  filing. 

(126) 


RULES    FOR   ADMISSION    TO    THE    BAR.  127 

Examinations — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Grand  Forks  on  the  last  Tuesday 
in  June,  and  at  Fargo  on  the  first  Tuesday  of  December. 
The  candidate  shall  undergo  a  public  examination  as  to  his 
legal  attainments  before  the  State  Board  of  Bar  Examiners 
consisting  of  three  attorneys  appointed  by  the  Supreme  Court. 
Such  examination  shall  be  both  written  and  oral.  The  board 
shall  report  the  results  to  the  Supreme  Court,  and  the  Supreme 
Court  shall  authorize  the  issuance  of  certificates  of  admission 
to  those  who  have  successfully  passed  the  examination. 

Admission  of  Attorneys  from   Other   Jurisdictions. 

The  statute  provides  that  any  person  who  has  been  admitted 
to  practice  in  another  state,  in  which  he  has  previously  re- 
sided may  be  admitted  here  on  written  motion  filed  with  the 
clerk  of  the  Supreme  Court  by  a  member  of  the  bar  of  this 
court,  provided  he  has  become  a  resident  of  the  state.  Sucli 
person  shall,  in  the  discretion  of  the  Supreme  Court,  be  exempt 
from  examination  and  proof  of  study,  upon  proof  of  the  qual- 
ifications as  to  age,  residence  and  good  moral  character,  and 
proof  that  the  applicant  has  practiced  law  for  three  years  in 
the  state  of  his  admission  and  is  in  good  standing  in  that  state. 
A  fee  of  $3  shall  accompany  the  application. 

The  rules  of  the  Supreme  Court  provide  that  such  written 
motion  shall  be  accompanied  by  the  applicant's  certificate  of 
admission  to  practice  in  the  foreign  state  and  his  affidavit, 
which  shall  disclose  the  place  or  places  where  he  has  practiced 
law  in  such  foreign  state  or  states,  the  length  of  time  he  has 
practiced  and  shall  show  that  he  has  been  actively  and  con- 
tinuously engaged  in  the  practice  of  law  at  the  places  desig- 
nated in  the  foreign  state  or  states  for  a  period  of  more  than 
three  years  in  the  aggregate.  He  shall  also  give  the  name  and 
postoffice  address  of  one  or  more  of  the  district  or  circuit 
judges,  who  have  presided  during  said  time  in  the  court  be- 


128  RULES   FOR  ADMISSION   TO   THE   BAR. 

fore  which  he  has  practiced,  and,  where  possible,  present  the 
certificate  of  such  judge  showing  the  above  facts  in  support 
of  his  apphcation.  His  affidavit  shall  also  disclose  whether 
any  proceedings  in  disbarment  or  suspension  of  his  license  to 
practice  are  pending  against  him  or  were  pending  at  the  time 
of  his  removal  from  the  foreign  jurisdiction,  and  that  he  is 
still  an  attorney  at  law  in  good  standing  in  such  foreign  state. 
Applicant  must  also  furnish  the  affidavits  of  at  least  two  prac- 
ticing attorneys  of  said  state  who  were  fellow  practitioners, 
stating  that  he  is  of  good  moral  character  and  a  proper  person 
to  be  licensed.  Upon  the  hearing  of  the  motion  the  court 
may  orally  examine  the  applicant  as  to  his  qualifications  and 
his  right  to  admission  to  the  bar  of  this  state. 

Miscellaneous. 

The  Supreme  Court  has  decided  that  graduates  of  so-called 
"correspondence  schools"  are  not  within  the  meaning  of  the 
statute,  and  in  consequence  are  not  entitled  to  admission. 

Source  of  Rules. 

Comp.  Laws  1913,  §§  782-793;  Sup.  Ct.  Rules  (145  N. 
\V.  xiv). 


NORTH  DAKOTA  DECISIONS. 

1867  to  1915. 

A  complete  set  of  reports  for  North  Dakota  (down  to  1915) 
consists  of: 

Dakota  Territorial,  6  vols.,  1867-1889. 
North  Dakota,  27  vols.,  1889-1915. 
All  decisions  of  Dakota  Territory  and  of  North  and  South 
Dakota  are  reported  in  the  Northwestern  Reporter,  148  vols. 
The  set  also  contains  all  decisions  for  the  last  36  years  of  Iowa, 


RULES    FOR    ADMISSION    TO    THE    BAR.  129 

Michigan,  Minnesota,  Nebraska,  and  Wisconsin,  and  it  sells  at 
less  than  one-fifth  of  the  cost  of  the  corresponding  Reports,  The 
tables  of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  limited  number  of  local  author- 
ities, and  the  fact  that  the  decisions  of  Minnesota  and  Wiscon- 
sin are  followed  closely  by  the  Dakotas,  makes  the  Northwest- 
ern a  necessity  to  the  North  Dakota  lawyer.  Write  for  full  de- 
scription and  price. 

West  Publishing  Co.,  St.  Paul,  Minn. 
9 


Ohio. 


Citizenship — Residence — Age — Character. 

Xo  person  shall  be  licensed  to  practice  unless  he  is  a  citizen 
of  the  United  States,  or  has  declared  his  bona  fide  intention 
of  becoming-  such,  and  unless  he  is  21  years  of  age,  and  until 
he  shall  have  filed  a  certificate  of  some  attorney  that  he  is  of 
good  moral  character  and  of  sufficient  legal  knowledge  and 
ability  to  discharge  the  duties  of  an  attorney  and  counselor  at 
law.     One  year's  residence  in  the  state  is  also  required. 

Application — 'When  to  be  Filed — Form  and  Contents — Fee. 

Application  must  in  all  instances  be  filed  with  the  clerk  of 
the  Supreme  Court  at  Columbus  not  more  than  GO  nor  less 
than  30  days  before  the  day  of  the  examination,  and  mrist  be 
accompanied  by  the  proofs  as  to  age,  residence,  good  moral 
character,  general  education,  term  of  study,  etc.,  required  by 
the  rules.  Applicant  shall  also  file  his  affidavit  stating  that  he 
has  read  the  Canons  of  Professional  Ethics  adopted  by  the 
State  Bar  Association,  copies  of  which  may  be  obtained  from 
the  clerk.  A  fee  of  $10  must  accompany  each  application, 
which  sum  will  be  returned  if  applicant's  name  is  not  placed 
on  the  examination  roll. 

General  Education. 

A  preliminary  education,  other  than  legal,  equivalent  to  that 
received  in  a  four-year  course  in  a  public  high  school  of  this 
state,  is  necessary  before  undertaking  the  examination,  and 
the  certificate  setting  forth  the  evidence  as  to  this  must  ac- 
company the  application.  Applicants  who  do  not  present  satis- 
factory evidence  of  their  educational  attainments  will  be  re- 
quired to  undergo  examination  relative  thereto.  Examinations 
for  this  purpose  are  held  by  a  committee  appointed  by  the 

(130) 


RULE.S    FOR    ADMISSION    TO    THE    BAR.  131 

Supreme  Court  at  Columbus,  one  on  the  third  Tuesday  of 
May  and  one  on  the  third  Tuesday  in  November.  A  fee  of 
$2  must  be  paid  to  the  clerk  of  the  Supreme  Court  before 
entering  upon  such  examination.  Certificate  of  the  committee 
showing  that  applicant  passed  such  examination  must  be  filetl 
with  the  clerk  of  the  Supreme  Court  at  least  6  days  before  the 
law   examination. 

Term  of  Study — Registration. 

A  period  of  three  years  of  regular  and  diligent  study  in  the 
office  of  a  practicing  attorney  or  in  a  law  school,  or  partly  in 
an  office  and  partly  in  a  law  school,  shall  be  required  before 
permission  shall  be  granted  to  attempt  the  examination ;  and 
a  certificate  showing  the  name,  age,  and  residence  of  the  stu- 
dent, and  the  date  when  he  commenced  the  study  of  law,  shall 
be  filed  with  the  clerk  of  the  Supreme  Court.  A  fee  of  50 
cents  shall  accompany  the  certificate.  As  to  all  such  persons, 
the  three  years"  study  shall  date  from  the  filing  of  such  cer- 
tificate. 

Any  person,  not  yet  admitted  in  any  court  of  record  of  the 
United  States,  who  shall  have  commenced  the  study  of  law 
while  a  nonresident,  on  coming  into  this  state  shall  file  with 
the  clerk  his  affidavit,  stating  his  purpose  of  making  this  state 
his  permanent  residence,  his  name,  age,  and  present  or  former 
residence,  and  his  preceptor's  certificate  of  the  place,  com- 
mencement, and  duration  of  the  applicant's  study  of  law,  which 
application  shall  be  accompanied  by  a  fee  of  50  cents.*  The 
one  year's  residence  in  this  state  required  of  such  persons  shall 
date  from  the  filing  of  such  papers. 

Examination^ — Regulations — Scope — Time  and  Place  of  Holding. 

After  the  expiration  of  the  thirtieth  day  before  the  exam- 
ination the  court  will  examine  the  papers  filed  by  the  appli- 
cant, and  if  satisfied  as  to  the  sufficiency  thereof  will  cause  his 


132  RULES   FOK  ADMISSION   TO   THE   BAR. 

name  to  be  placed  on  the  examination  roll,  which  will  be  de- 
livered to  the  standing  committee  on  examination,  consisting 
of  ten  members  of  the  bar.  Examinations  are  held  at  Colum- 
bus on  the  first  Tuesday  and  Wednesday  of  each  June  and 
December  only.  Such  examinations  shall  be  written  and  shall 
comprise  the  subjects  of  Real  and  Personal  Property,  Torts, 
Contracts,  Evidence,  Pleading,  Partnership,  Bailments,  Nego- 
tiable Instruments,  Agency,  Suretyship,  Domestic  Relations, 
Wills,  Corporations,  Equity,  Criminal  Law,  Constitutional 
Law,  and  the  Canons  of  Professional  Ethics  adopted  by  the 
Ohio  State  Bar  Association  at  its  annual  meeting  in  1909.  An 
average  of  75  per  cent,  is  required  in  order  to  successfully 
pass  the  examination.  If  applicant  fails  to  pass,  he  shall  not 
be  required  to  pay  any  further  sum  upon  a  second  application ; 
but  for  each  subsequent  application  a  fee  of  $10  shall  be  paid. 
In  case  the  applicant  is  rejected,  second  examination  shall  be 
allowed  upon  filing  a  certificate  that  he  has  studied  law  for  six 
months  subsequent  to  the  prior  test.  But  examinations  are 
restricted  to  five  in  number,  and  the  fifth  examination  shall  be 
not  less  than  two  years  after  the  fourth,  and  applicant  must 
furnish  certificate  that  he  has  studied  diligently  during  the  in- 
tervening two  years.  The  applicant  is  thereafter  ineligible.  If 
successful,  the  oath  of  office  shall  be  administered  before  a 
license  is  granted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  person,  resident  of  the  state,  who  has  pursued  the  study 
of  law  for  three  years  under  the  tuition  of  an  attorney,  and 
has  been  admitted  in  a  court  of  record  of  the  United  States, 
or,  having  been  admitted  after  a  shorter  period  of  study,  has 
practiced  for  a  time  sufficient,  when  added  to  his  term  of  pre- 
paratory study,  to  make  up  the  three  years,  may  be  admitted  to 
examination  upon  proof  of  good  moral  character,  provided 
that  one  who  has  been  admitted  in  the  highest  court  of  an 


RULES    FOR    ADMISSION    TO    THE    BAR.  133 

Other  state  after  a  course  of  study  of  at  least  two  years  shall 
be  licensed  in  this  state  without  examination,  upon  proof  of 
the  preliminary  study,  the  admission  in  such  state,  five  years 
of  practice  there  immediately  preceding  his  removal  to  Ohio, 
and  evidence  of  good  moral  character.  The  candidate  shall, 
not  more  than  GO  nor  less  than  30  days  before  the  examination, 
file  with  the  clerk  his  affidavit,  stating  that  he  is  a  resident  of 
tlie  state  or  intends  to  become  a  resident  thereof,  his  name, 
age,  and  former  and  present  residence,  and  his  certificate  of 
admission  to  the  bar,  which,  if  issued  less  than  three  years 
before  such  filing,  must  be  accompanied  by  the  certificate  of 
his  preceptor,  showing  the  extent  and  character  of  his  study, 
and  he  shall  file,  also,  a  certificate  of  a  judge  of  the  court  in 
which  he  practiced,  stating  that  the  candidate  was  of  good 
standing  in  that  court.  In  addition,  he  must  file  the  recom- 
mendation of  an  attorney  in  this  state  that  he  be  admitted  to 
the  bar,  and  a  certificate  of  general  learning  as  required  of 
other  applicants.  A  fee  of  $10  and  a  registry  fee  of  50  cents 
shall  be  deposited  at  the  time  of  filing  the  application. 

Miscellaneous. 

Certificates  from  correspondence  schools  of  law,  or  from 
lawyers  without  the  state,  certifying  that  applicant  has  studied 
under  their  supervision  within  the  state,  will  not  be  recognized. 

Xo  person  shall  be  excluded  from  acting  as  attorney  at  law 
and  practicing  in  all  the  courts  of  this  state  on  account  of  sex. 

Source  of  Rules. 

Gen.  Code,  §§  1699-1706;  Sup.  Ct.  Rules. 


134  RULES    FOlt    ADMISSION    TO    THE    BAR. 

OHIO  DECISIONS. 

1821  to  1915. 

A  complete  set  of  Ohio  Reports  (down  to  1915)  consists  of: 
Ohio,  20  vols.,  1821-1851. 
Ohio  State.  88  vols.,  1852-1915. 

All  decisions  subsequent  to  vol.  43  Ohio  State,  are  reported 
in  the  Northeastern  Reporter,  105  vols.,  together  with  all  deci- 
sions for  the  last  30  years  of  Illinois,  Indiana,  Massachusetts. 
and  New  York.  These  being  the  states  in  which  the  great  com- 
mercial centers  of  the  country  are  located,  it  naturally  follows 
that  the  Northeastern  is  the  best  set  of  reports  on  commercial 
law  and  kindred  topics  extant.  The  tables  of  cross-citations 
furnished  with  the  Northeastern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 

There  are  also  published  in  Ohio  several  series  of  reports 
and  periodicals,  covering  the  decisions  of  the  various  inferior 
courts. 

We  will  be  pleased  to  furnish  prices  and  full  information  re- 
garding the  Northeastern  on  request. 

West  Publishing  Co.,  St.  Paul,  ^linn. 


Oklahoma. 


Citizenship — Residence — Age — Character. 

It  is  necessary  that  the  appHcant  shall  be  a  resident  of  the 
state  and  citizen  of  the  United  States,  or  shall  have  declared 
his  intention.  21  years  of  age,  and  of  good  moral  character, 
which  last  must  be  certified  to  by  some  reputable  attorney. 
Said  certificate  shall  also  contain  the  statement  of  the  attor- 
ney that  applicant  has  regularly  and  attentively  studied  law 
for  one  year  previous  to  his  application,  and  that  he  believes 
applicant  to  be  a  person  of  sufficient  legal  knowledge  and 
ability  to  discharge  the  duties  of  an  attorney  and  counselor 
at  law. 

Application — Fee. 

Application,  together  with  all  credentials,  etc.,  required  by 
the  rules,  must  be  addressed  to  the  clerk  of  the  Supreme  Court 
at  Oklahoma  City,  Okl.,  on  blanks  furnished  by  said  clerk,  not 
less  than  30  days  before  each  semiannual  meeting  of  the  Com- 
mission on  Examination.  Each  application  for  examination 
must  be  accompanied  by  a  fee  of  $12.  The  clerk  of  the  Su- 
preme Court  is  secretary  ex  officio  of  the  commission. 

Educational  Qualifications. 

Xo  one  shall  be  admitted  whose  educational  attainments  are 
not  equivalent  to  those  indicated  by  the  completion  of  the 
course  of  study  in  the  public  high  schools  of  the  state.  The 
examining  commission  will  hold  examinations  for  those  appli- 
cants who  cannot  comply  with  this  requirement. 

Term  of  Study. 

Applicants  must  have  studied  law  for  a  period  of  at  least 
one  year  previous  to  making  application,  which  period  of 
study  must  be  certified  to  as  shown  above. 

(135) 


136  RULES   FOR   ADMISSION   TO   THE   BAR. 

Ilxaminatior^— Regulations— Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Oklahoma  City  on  the  third  Tues- 
day in  June  and  first  Tuesday  in  December  of  each  year,  by 
the  ]>ar  Commission  apix)intctl  by  the  Supreme  Court.  Ex- 
aminations are  held  orally  and  in  writing,  and  applicant  shall 
sustain  an  average  of  75  per  cent,  on  written  examinations  em- 
bracing the  following  subjects:  The  Law  of  Real  and  Per- 
sonal Property,  Torts,  Contracts,  Evidence,  Pleading,  Partner- 
ship, Bailments,  Negotiable  Instruments,  Agency,  Suretyship, 
Domestic  Relations,  Wills,  Corporations,  Equity,  Criminal 
Law,  Constitutional  Law,  and  Legal  Ethics.  If  the  applicant 
fails  in  the  examination,  he  will  be  admitted  to  the  next  ex- 
amination without  additional  charge,  provided  he  has  studied 
law  for  an  additional  period  of  five  months ;  but  no  applicant 
shall  be  admitted  to  more  than  two  examinations,  except  upon 
the  payment  of  an  additional  fee  for  each  subsequent  examina- 
tion.   A  fee  of  $5  shall  be  paid  to  the  clerk  for  license. 

Admission  of  Attorneys  from  Otlier  States. 

Ex-judges  of  state  or  federal  courts,  or  of  the  District  of 
Columbia,  are  admitted  without  examination.  Attorneys  in 
good  standing  who  have  been  admitted  on  examination  in  the 
highest  court  of  any  state  or  territory,  or  of  the  District  of 
Columbia,  will  also  be  admitted  without  examination,  provided 
they  have  been  engaged  in  the  practice  of  law  for  one  year 
next  preceding  the  application.  Applications  in  above  cases 
must  be  accompanied  by  a  fee  of  $5.  A  fee  of  $5  shall  also 
be    paid    to    the    clerk    upon    receipt    of    license    to    practice. 

Graduates  of  a  law  school  of  recognized  standing  in  any 
state  or  territory,  or  in  the  District  of  Columbia,  who  fulfil  the 
requirements  as  to  age  and  residence,  may  file  a  verified  appli- 
cation with  the  clerk,  showing  the  fact  of  such  graduation,  and 
that  applicant  is  of  good  moral  character.  Such  graduates 
shall  be  permitted  to  practice  until  the  next  meeting  of  the 


RULES   FOIl  ADMISSION   TO   THE   BAR.  137 

Bar  Commission  for  the  purpose  of  examining  applicants  or 
making  recommendations  upon  applications.  All  other  per- 
sons who  have  been  in  active  and  continuous  practice  in  any 
state  or  territory,  or  in  the  District  of  Columbia,  for  at  least 
five  years  immediately  preceding  the  filing  of  their  application, 
and  whose  applications  are  accompanied  by  a  certificate  of  a 
majority  of  the  judges  of  the  highest  court  of  the  jurisdiction 
in  which  applicant  has  so  practiced,  showing  such  period  of 
practice  and  that  applicant  is  of  good  moral  character,  may  be 
admitted. 

Admissions  in  the  above  cases  will  be  made  at  any  session 
of  the  Supreme  Court  of  the  state  upon  the  recommendation 
of  the  chairman  and  secretary  of  the  commission. 

Source  of  Rules. 

Supreme  Court  rules;  Acts  of  March  4  and  16,  1903;  Act 
March  25,  1910. 


OKLAHOMA  DECISIONS. 

1890  to  1915. 

A  complete  set  of  Oklahoma  Reports  (down  to  1915)  con- 
sists of  41  volumes.  All  Oklahoma  decisions  are  reported  in 
the  Pacific  Reporter,  143  volumes.  -  By  Acts  1907-1908,  p. 
291,  a  new  court,  styled  the  "Criminal  Court  of  Appeals,"  was 
established  for  the  purpose  of  relieving  the  pressure  upon  the 
Supreme  Court.  The  decisions  of  this  court  make  10  vol- 
umes to  date.  The  decisions  of  Kansas  are  closely  followed 
by  the  Oklahoma  courts,  for  the  reason  that  the  statutes  were 
adapted  from  those  of  Kansas.  The  Pacific  Reporter  contains 
all  Kansas  decisions  for  the  last  32  years,  representing  more 
than  two-thirds  of  all  the  decisions  of  Kansas.    The  set  also 


138  RULES   FOR   ADMISSION   TO   THE   BAR. 

contains  all  decisions  for  the  last  32  years  of  California,  Colo- 
rado, Idaho,  Montana.  Nevada,  New  Mexico,  Utah,  Oregon, 
\\\ashington,  and  Wyoming,  and  all  of  Arizona.  The  tables 
of  cross-citations  furnished  with  the  Pacific  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.    Write  for  price  and  full  description. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Oregon. 


Citizenship — Age — Character. 

In  applying  for  admission,  the  candidate  must  show  to  the 
Supreme  Court  by  his  affidavit  that  he  is  a  citizen  of  the 
United  States  and  of  this  state,  or  a  resident  of  the  state  who 
has  declared  his  bona  fide  intention  of  becoming  a  citizen, 
and  21  years  of  age,  and  by  the  affidavits  of  three  responsible 
citizens,  two  of  whom  shall  be  practicing  attorneys  of  the 
court,  that  he  is  of  good  moral  character. 

Application — Form  and  Contents — Fee. 

Applications  for  admission  can  only  be  made  to  the  Supreme 
Court,  Salem,  Or.,  on  forms  which  may  be  obtained  from  the 
clerk.  Such  applications  must  be  filed  with  the  clerk  not  less 
than  60  days  prior  to  the  date  of  the  examination,  and  must 
be  accompanied  by  all  the  affidavits  and  certificates  as  to  age. 
residence,  citizenship,  term  of  study,  moral  character,  etc.,  re- 
quired by  the  rules.  The  application  must  be  accompanied  by 
a  fee  of  $20  if  for  admission  on  examination,  and  $30  if  for 
admission  on  certificate  of  admission  in  some  other  state. 

General  Education. 

Applicant  must  file  with  his  petition  a  certificate  showing 
that  he  is  a  graduate  of  some  college,  high  school,  or  other 
literary  institution,  of  approved  standing,  signed  by  the  head 
of  such  institution.  If  not  a  graduate  of  any  such  institution, 
he  must  pass  an  examination  covering  his  literary  training 
under  the  direction  of  the  board  of  examiners. 

Term  of  Stndy. 

A  certificate  of  some  reputable  attorney  of  the  Supreme 
Court  that  the  applicant  has  studied  law  for  a  term  of  three 

(139) 


140  RULES   FOR   ADMISSION   TO   THE   BAR. 

years,  or  a  diploma  from  any  approved  law  school  requiring 
at  least  a  three  years'  course  of  study  must  be  filed  with  the 
application.  In  the  affidavit  above  required  as  to  citizenship, 
etc.,  the  applicant  shall  give  a  list  of  the  books  he  has  read. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  on  the  second  day  of  the  October 
term,  and  the  last  Tuesday  in  May,  at  Salem.  Such  exam- 
inations shall  be  conducted  in  writing,  or  partly  in  writing 
and  partly  orally,  by  a  board  of  examiners  appointed  by  the 
Supreme  Court  or  under  their  direction,  in  open  court,  and 
shall  include  queries  on  the  subjects  of  Constitutional  Law, 
including  the  Constitutions  of  the  United  States  and  of  this 
state,  Equity,  the  Law  of  Real  and  Personal  Property,  Evi- 
dence, Decedents'  Estates,  Landlord  and  Tenant,  Mortgages, 
Contracts,  Partnership,  Corporations,  Crimes,  Torts,  Agency, 
Sales,  Negotiable  Instruments,  Domestic  Relations,  Common 
Law,  Pleading  and  Practice,  State  Practice,  Conflict  of  Law, 
Professional  Ethics,  the  Federal  Statutes  relating  to  the  Ju- 
diciary, and  to  Bankruptcy,  and  the  development  in  Oregon  of 
the  principles  of  law  as  exemplified  by  the  Supreme  Court 
decisions  and  statutes  of  the  state.  If  found  qualified,  the 
prescribed  oath  shall  be  taken. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  admitted  in  the  highest  courts  of  any  other 
state  or  country  where  the  common  law  prevails,  who  is  other- 
wise qualified,  may  be  admitted  in  this  state  for  nine  months, 
upon  filing  a  certificate  of  admission  in  such  court  or  courts 
and  a  petition  stating  where  and  for  how  long  he  has  prac- 
ticed since  his  admission  and  his  standing  in  each  court  and 
whether  proceedings  for  disbarment  or  suspension  have  ever 
been  instituted  against  him.  Such  petition  must  also  be  ac- 
companied by  a  recommendation  from  the  presiding  judge  of 
the  highest  court  in  which  he  last  practiced  and  the  affidavits 


RULES  FOR   ADMISSION  TO  THE   BAR.  141 

of  two  attorneys  of  this  court  that  they  believe  him  to  be  a 
reputable  attorney  and  a  person  of  good  moral  character.  If 
no  objection  to  his  admission  is  filed  within  six  months,  he 
may  be  admitted  permanently.  He  need  not  become  a  resident 
of  this  state  if  Oregon  attorneys  are  admitted  in  his  state 
upon  similar  terms. 

Women  may  be   Admitted. 

Women  shall  be  admitted  by  qualifying  under  the  foregoing 
stipulations. 

Source  of  Rules. 

Lord's  Oregon  Laws,  §,§  899,  1077-1079;  Laws  1913,  p.  78; 
Sup.  Ct.  Rules  in  eflfect  Jan.  2,  1914. 


OREGON  DECISIONS. 

1853  to  1915. 

A  complete  set  of  Oregon  Reports  (down  to  1915)  consists 
of  68  vols.  The  Pacific  Reporter,  143  vols.,  contains  all  Oregon 
decisions  subsequent  to  vol.  10,  and  in  addition  all  decisions  for 
the  last  32  years  of  California,  Colorado,  Idaho,  Kansas,  Mon- 
tana, Nevada,  New  Mexico,  Utah,  Washington,  and  Wyoming, 
and  all  of  Arizona  and  Oklahoma.  The  tables  of  cross-cita- 
tions furnished  with  the  Pacific  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume- 
The  Pacific  is  so  generally  used  and  cited  throughout  the  Pacif- 
ic Coast  states  that  access  to  the  decisions  therein  reported  is 
most  essential.    Write  for  price  and  full  information. 

West  Publisuing  Co.,  St.  Paul,  Minn. 


Pennsylvania. 


Applicants  for  Examination  and  Registration  as 
Students  at  Law. 

Application — Fee. 

Applications  for  examination  and  registration  as  law  stu- 
dents must  be  filed  with  the  secretary  of  the  State  Board  of  Ex- 
aminers, Charles  L.  McKeehan,  West  End  Trust  Bldg.,  Phila., 
at  least  21  days  before  the  date  of  examination,  and  must  be 
accompanied  by  satisfactory  proof  of  the  good  moral  character 
of  the  applicant,  which  shall  consist  of  a  certificate  to  that 
eflFect  signed  by  at  least  three  members  of  the  bar  in  good 
standing  in  the  judicial  district  in  which  the  applicant  resides 
or  intends  to  practice.  A  fee  of  $25  must  be  paid  at  or  before 
the  time  of  filing  the  application. 

General  Education — Examination — Registration. 

Applicant  must  pass  a  written  preliminary  examination  in 
English  language  and  literature,  outlines  of  universal  history, 
history  of  England  and  of  the  United  States,  arithmetic,  alge- 
bra through  quadratics,  plane  geometry,  modern  geography, 
the  first  four  books  of  Csesar's  Commentaries,  the  first  six 
books  of  the  /Eneid,  and  the  first  four  orations  of  Cicero 
against  Catiline :  Provided,  that  an  applicant  who  holds  an 
academic  degree  from  a  college  or  university  approved  by  the 
court  may  register  as  a  student  at  lavv  without  taking  the 
preliminary  examination. 

An  applicant  who  fails  in  more  than  two  subjects  will  be 
given  no  credit  whatever,  but  may  appear  for  re-examination 
at  any  preliminary  examination  held  within  the  succeeding 
year,  without  filing  additional  credentials,  upon  payment  of 
one-half  the  regular  examination  fee.    An  applicant  who  fails. 

(142) 


RULES   FOR  ADMISSION   TO   THE   BAR.  143 

and  does  not  appear  for  re-examination  within  the  succeed- 
ing year,  must,  in  order  to  quaUfy  for  another  examination, 
pay  the  regular  examination  fee.  An  applicant  who  fails 
in  not  more  than  two  subjects  will  be  given  credit  in  the  sub- 
jects in  which  he  passes  and  will  be  permitted  to  appear  for  re- 
examination in  the  subjects  in  which  he  fails  at  the  next  suc- 
ceeding preliminary  examination,  without  filing  additional  cre- 
dentials and  without  the  payment  of  any  examination  fee.  In 
either  instance,  notice  must  be  given  to  the  secretary  of  the 
board  at  least  21  days  in  advance.  Upon  receiving  a  certificate 
recommending  his  registration,  the  candidate  shall  cause  his 
name,  age,  place  of  residence,  the  name  of  his  preceptor  or  law 
school  in  which  he  proposes  to  pursue  his  studies,  to  be  regis- 
tered with  the  prothonotary  of  the  Supreme  Court  for  the  dis- 
trict to  which  his  countv  belongs. 


Applicants  for  Final  Examination  and  Admission  to 
THE  Bar. 

Examination — Term  of  Study — Scope — Fee. 

Applicants  must  have  studied  law  at  least  three  years  after 
registration,  either  by  attendance  at  a  law  school  offering  a 
three  years'  course  of  eight  months  per  year,  or  partly  in  a  law 
school  and  partly  in  the  office  of  a  practicing  attorney,  or  by 
service  of  a  regular  clerkship  in  the  office  of  a  practicing  attor- 
ney, and  must  advertise  their  intention  to  apply  for  admission  in 
a  newspaper  published  within  the  judicial  district  in  which  the 
applicants  reside,  and  in  the  Legal  Intelligencer,  once  a  week 
for  four  weeks  immediately  preceding  the  filing  of  his  applica- 
tion. His  application  must  be  filed  21  days  before  the  examina- 
tion, and  be  accompanied  by  a  certificate,  signed  by  at  least  three 
members  of  the  bar  residing  in  the  judicial  district  in  which  ap- 
plicant resides,  as  to  his  moral  character,  and  also  a  certificate 
from  the  dean  of  the  law  school  or  preceptor  that  he  has  been 


144  RULES   FOR   ADMISSION   TO   THE   BAR. 

in  regular  attendance  and  pursued  the  study  of  law  with  dili- 
gence. The  examination  is  in  writing,  and  embraces  the  sub- 
jects of  Blackstone's  Commentaries,  Constitutional  Law,  in- 
cluding the  Constitutions  of  the  United  States  and  Pennsyl- 
vania, Equity,  Real  and  Personal  Property,  Evidence,  Dece- 
dents' Estates,  Landlord  and  Tenant,  Contracts,  Commercial 
Law,  Partnership,  Corporations,  Crimes,  Torts,  Domestic  Re- 
lations, Common-Law  Pleading  and  Practice,  Pennsylvania 
Practice,  Federal  Statutes  relating  to  the  Judiciary  and  Bank- 
ruptcy, Pennsylvania  Statutes  and  Decisions,  and  the  Rules  of 
Court.  A  fee  of  $25  must  be  paid  to  the  board  at  or  before 
the  time  of  filing  the  application.  If  the  applicant  fails  to 
pass,  he  may  appear  for  re-examination  at  any  final  examina- 
tion held  within  the  succeeding  year,  without  filing  additional 
credentials,  upon  payment  of  one-half  the  regular  examination 
fee.  Notice  must  be  filed  with  the  secretary  of  the  board  at 
least  21  days  in  advance. 

Admission  of  Attorneys  from   Otlier   Jurisdictions. 

Attorneys  in  good  standing  who  have  been  admitted  to  the 
court  of  last  resort  of  another  state,  who  have  practiced  therein 
for  at  least  five  years,  and  who  can  furnish  evidence  of  good 
moral  character,  may  be  admitted  without  examination  upon  the 
recommendation  of  the  state  board  of  examiners.  Attorneys 
in  good  standing  from  other  states  who  have  practiced  at  least 
one  year  may,  in  the  discretion  of  the  Board  of  Examiners, 
be  admitted  in  Pennsylvania  upon  taking  the  final  examination 
only.  Attorneys  who  are  members  in  good  standing  of  a 
court  of  record  of  another  state,  but  who  have  not  practiced 
at  said  bar,  may  be  admitted  to  final  examination,  without 
previous  registration  in  Pennsylvania,  providing  they  shall 
have  served  a  regular  clerkship  in  the  office  of  a  practicing 
attorney  in  this  state  for  a  period  of  at  least  one  year.  In  the 
last  two  cases,  however,  it  is  the  practice  of  the  board  to  re- 


RULES   FOR  ADMISSION  TO  THE   BAR.  145 

quire  applicants  to  pass  the  preliminary  as  well  as  final  exam- 
ination, excepting  applicants  who  hold  academic  degrees  ap- 
proved by  the  Supreme  Court  for  the  registration  of  law  stu- 
dents.    All  applications  must  be  accompanied  by  a  fee  of  $25. 

Miscellaneous. 

Examinations,  both  preliminary  and  final,  are  held  simul- 
taneously during  July  and  December,  in  the  cities  of  Phila- 
delphia and  Pittsburg,  and  petitions  to  take  the  examination 
must  be  filed  with  the  board.  All  applications  must  be  on  the 
forms  provided  by  the  Board  of  Examiners.  A  pamphlet  con- 
taining fuller  information  can  be  obtained  from  the  secretary 
of  the  Board  of  Examiners.  These  rules  apply  solely  to  ad- 
missions in  the  Supreme  Court. 

Source  of  Rules. 

Rules  Sup.  Ct. ;  Circular  of  Information  Issued  by  State 
Board  of  Law  Examiners. 


PENNSYLVANIA  DECISIONS. 

1754  to  1915. 

A  complete  set  of  the  reports  of  the  Pennsylvania  court  of 
last  resort  (down  to  1915)  consists  of: 

Pennsylvania  Supreme  Court  Reports,  1754-1845. 
Dallas,  4  vols. 
Addison,  1  vol. 
Yeates,  4  vols. 
Binney,  6  vols. 
Sergeant  &  Rawle,  17  vols. 
Rawle,  5  vols. 
10 


14G  RULES  FOU   ADMISSION   TO   THE  BAR. 

Penrose  &  Watts,  3  vols. 

Watts,  10  vols. 

\Miarton,  6  vols. 

Watts  &  Sergeant,  9  vols. 
Pennsylvania  State  Reports,  245  vols.,  1844-1915. 
All  decisions  subsequent  to  vol.  109  Pennsylvania,  are  report- 
ed in  the  Atlantic  Reporter,  91  vols.  In  fact,  this  is  the  only 
medium  for  obtaining  all  the  decisions.  Upward  of  1,500  cases 
have  been  omitted  from  the  Pennsylvania  State  Reports,  and 
these  are  all  reported  in  full  in  the  Atlantic  Reporter.  The  At- 
lantic also  contains  all  decisions  for  the  last  30  years  of  Con- 
necticut, Delaware,  Maine,  Maryland,  New  Hampshire,  New 
Jersey,  Rhode  Island,  and  Vermont.  The  tables  of  cross-cita- 
tions furnished  with  the  Atlantic  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. 

There  are  many  side  reports,  periodicals,  etc.,  covering  the 
decisions  of  the  inferior  courts  of  Pennsylvania.  The  list  is 
too  long  to  include  here,  but  we  will  furnish  a  catalogue  in 
which  these  are  set  forth  on  request.  We  will  be  pleased  to 
(luote  prices  and  furnish  full  information  regarding  the  Atlan- 
tic Reporter  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Philippine  Islands. 

Citizensliip — Residence — Age — Character. 

Any  resident  of  the  Philippine  Islands  or  of  the  United 
States,  not  a  subject  or  citizen  of  any  foreign  government,  of 
the  age  of  21  years  and  of  good  moral  character,  may  apply 
for  admission  to  the  bar  in  these  Islands.  Proof  as  to  age, 
residence,  and  citizenship  shall  be  by  affidavit  of  the  applicant. 

Application — Form  and  Contents— Fee. 

Application,  accompanied  by  all  the  affidavits,  certificates, 
etc.,  required  by  the  rules,  together  with  a  fee  of  30  pesos, 
Philippine  currency,  and  evidence  of  good  moral  character, 
must  be  filed  with  the  clerk  of  the  Supreme  Court  at  ^Manila 
at  least  15  days  before  the  day  of  the  examination.  In  case 
applicant  is  not  admitted  to  the  examination,  the  30  pesos  shall 
be  returned  to  him. 

General  Education. 

Every  applicant  shall  ofTer  evidence,  by  certificate  filed  with 
the  clerk  of  the  Supreme  Court,  that  he  has  passed  an  ex- 
amination under  the  direction  of  the  Secretary  of  Public  In- 
struction, in  a  course  of  studies  identical  with  or  equivalent  to 
the  course  prescribed  for  graduation  in  the  government  high, 
schools,  such  as  is  required  of  graduates  in  those  schools,  or 
has  satisfied  said  Secretary  that  before  commencing  the  study 
of  law  he  had  pursued  a  course  of  studies  identical  with  or 
equivalent  to  the  course  prescribed  for  graduation  in  the  gov- 
ernment high  schools  or  the  course  formerly  required  by  Span- 
ish legislation  for  the  degree  of  bachelor  of  arts:  Provided, 
that  the  latter  form  of  certificate  will  not  be  accepted  as  to  any 
applicant  who  may  have  entered  upon  the  last  four  years  of 

(147) 


14S  RULES   FOR  ADMISSION  TO  THE   BAR. 

his  academic  study  later  than  June  30,  1910,  and  provided 
further,  that  no  certificate  issued  by  said  Secretary  of  Pubhc 
Instruction  will  be  accepted  unless  it  appears  that  prior  to  the 
date  of  its  issue  the  fee  of  30  pesos  had  been  deposited  with 
the  clerk  of  the  Supreme  Court  as  required  by  the  rules,  and 
in  the  event  that  the  certificate  is  based  upon  an  examination 
held  under  the  direction  of  the  Secretary  of  Public  Instruc- 
tion, that  the  fee  had  been  deposited  before  taking  the  ex- 
amination. 

Period  of  Study. 

Applicants,  other  than  those  who  have  been  admitted  in  the 
United  States  Supreme  Court,  or  in  any  United  States  Circuit 
Court  of  Appeal  or  Circuit  or  District  Court,  or  in  the  highest 
court  of  any  state  or  territory  in  the  United  States,  or  in  the 
courts  of  the  Philippine  Islands  or  of  Spain  or  any  of  its  de- 
pendencies during-  the  period  of  Spanish  sovereignty,  shall 
prove  that  they  have  regularly  and  diligently  studied  law  for 
three  years  in  a  law  school  or  vuiiversity,  or  in  the  office  of  a 
practicing  attorney,  or  in  a  court  of  record.  The  affidavit  of 
the  candidate,  accompanied  by  a  certificate  from  the  law 
school,  attorney,  or  clerk  of  court  under  whose  tuition  said 
studies  were  pursued,  shall  be  filed  as  proof.  All  persons 
who  commence  the  study  of  law  in  these  Islands  shall  register 
their  names  in  the  office  of  the  clerk  of  court  of  the  province 
in  which  they  may  pursue  their  studies  or  in  the  office  of  the 
clerk  of  the  Supreme  Court  at  Manila  in  case  they  shall  study 
in  that  city,  and  file  a  certificate  showing  that  they  are  en- 
gaged in  such  study.  This  certificate  must  be  filed  some  time 
during  June  or  July  of  each  year,  and  the  clerks  of  the  courts 
shall  forward  these  annual  certificates,  after  being  recorded  in 
their  respective  offices,  to  the  clerk  of  the  Supreme  Court. 


RULES   FOR  ADMISSION  TO  THE   BAR.  149 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

A  committee  ot  three  practicing  lawyers  is  appointed  by  the 
Supreme  Court  to  conduct  the  examinations.  Such  examina- 
tions shall  be  public,  in  writing,  and  shall  be  divided  into 
three  parts.  The  first  shall  consist  of  questions  upon  Civil 
Law,  Civil  Procedure,  and  Alercantile  Law.  The  second  shall 
be  upon  Criminal  Law,  Criminal  Procedure  and  Private  Inter- 
national Law.  The  third  shall  consist  exclusively  of  drawing 
judgments,  orders,  complaints,  answers,  and  briefs  for  defense 
and  prosecution.  The  questions  for  the  first  two  exercises 
shall  be  the  same  for  all  applicants.  Applicant  may  be  pro- 
vided with  an  English  translation  of  the  questions  and  may 
write  out  his  answers  in  English,  w^hich  shall  be  subsequently 
translated  into  Spanish  by  the  official  translator.  The  time 
between  each  of  the  three  exercises  shall  not  exceed  six  days. 
No  person  who  has  not  successfully  passed  an  exercise  shall  be 
permitted  to  be  examined  in  subsequent  exercises.  Applicants 
may  be  examined  orally,  if  the  committee  deems  it  necessary. 
A  grade  of  '75  per  cent,  in  each  one  of  the  three  exercises 
shall  be  required  in  order  to  successfully  pass  the  examina- 
tion. An  applicant  w^ho  has  failed  three  times  will  not  be  per- 
mitted to  take  a  fourth  examination  until  the  expiration  of 
three  full  years  from  the  date  of  his  last  failure,  and  then 
only  on  the  production  at  least  15  days  before  the  date  set 
for  the  examination,  of  evidence  of  good  moral  character  and 
proof  that  he  has  pursued  such  further  and  extended  studies 
of  the  law  in  the  meantime  as  to  justify  the  belief  that  he  is 
duly  qualified  for  admission  to  the  bar,  provided,  that  an  ap- 
plicant presenting  himself  for  a  second,  third,  fourth  or  any 
subsequent  examination  will  receive  no  credit  on  account  of 
any  exercise  which  he  may  have  passed  at  a  former  examina- 
tion, but  must  take  a  new  examination  in  all  the  exercises. 
The  successful  candidate  shall  be  admitted  in  open  court  on 


150  RULES   FOR   ADMISSION   TO   TIIR   BAR. 

motion  of  the  committee,  on  the  day  following  the  announce- 
ment of  the  result.  No  additional  fee  is  required  upon  being 
admitted  to  practice. 

Examinations  are  held  at  Manila  on  the  third  Monday  in 
August. 

Admission   of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  admitted  in  the  Supreme  Court  of 
the  United  States  or  in  any  United  States  Circuit  Court  of  Ap- 
peal, Circuit  or  District  Court,  or  in  the  highest  court  of  any 
state  or  territory  in  the  United  States  will  be  required  to  pass 
an  examination  based  upon  the  Civil  Code,  Penal  Code,  and  the 
Code  of  Commerce  in  force  m  these  Islands.  Such  attorney 
shall  exhibit  license  evidencing  the  fact  of  his  admission,  to- 
gether with  evidence  that  he  is  in  good  standing  in  such  foreign 
state  or  territory.  In  case  of  failure  to  pass  the  examination, 
he  may  be  admitted  to  subsequent  examinations  as  explained 
above,  under  heading  "Examination."  The  usual  fee  is  re- 
quired, and  will  be  returned  in  case  applicant  fails  to  pass  the 
examination. 

Miscellaneous. 

Applicants  who  have  been  admitted  in  the  courts  of  the  Phil- 
ippine Islands  or  in  the  courts  of  Spain  or  any  of  its  dependen- 
cies during  the  period  of  Spanish  sovereignty,  and  who  possess 
the  qualifications  as  to  citizenship,  age.  moral  character,  etc.,  as 
required  by  the  rules,  will  be  required  to  pass  an  examination 
upon  the  Codes  of  Civil  and  Criminal  Procedure  now  in  force, 
and  upon  such  other  Codes  as  may  hereafter  be  enacted  by 
legislative  authority.  Such  persons  shall  exhibit  license  as 
evidence  of  their  former  admission,  together  with  evidence  of 
good  standing.  In  case  any  such  candidate  shall  fail  to  pass 
the  examination,  he  may  be  admitted  to  subsequent  examina- 


RULES   FOR   ADMISSION   TO   THE   BAR. 


151 


tions  as  explained  above,  under  heading  "Examination."  The 
usual  fee  is  required,  and  will  be  returned  in  case  applicant 
fails  to  pass. 

Source  of  Rules. 

Rules  Sup.  Ct.  (vol.  7,  Philippine  Reports,  p.  xv;  vol.  9,  p. 
704) ;  Compiled  Acts  of  Philippine  Commission  1907,  §§  2416- 
2424. 


PHILIPPINE  ISLAND  DECISIONS. 

1898  to  1915. 

A  complete  set  of  Philippine  Reports  (down  to  1915)  con- 
sists of  26  vols. 

West  PuBLiSiiiNG  Co.,  St.  Pnul,  INIinii. 


Porto  Rico. 


* 


Citizenship^  Age — Character. 

The  rules  for  admission  to  the  bar  of  this  territory  pro- 
vide that  the  applicant  shall  be  a  citizen  of  the  United  States 
or  Porto  Rico,  over  21  years  of  age,  and  of  good  moral  char- 
acter, wiiich  last  shall  be  certified  to  under  oath  by  two  law- 
yers in  good  standing  before  the  Supreme  Court. 

Examinations — Regulations — Scope. 

Examinations  are  conducted  by  a  board  of  five  examiners, 
appointed  by  the  Supreme  Court,  two  of  whom  shall  be  judg- 
es of  said  court,  and  three  shall  be  lawyers  with  at  least  five 
years'  practice  in  the  Island.  Applicants,  other  than  those 
who  have  obtained  a  diploma  from  any  accredited  law  school 
of  the  United  Stales,  shall  submit  to  a  written  examination 
on  the  subjects  comprised  in  the  three  courses  below  set  forth, 
and  in  the  order  named :  First — Natural  Law,  Civil  Code, 
Penal  Code,  Legal  Medicine,  Insular  and  Federal  Political 
Code,  Notarial  Law.  Second — Code  of  Commerce,  Federal 
Bankruptcy  Law,  Political  Economy,  Civil  and  Criminal  Pro- 
cedure, Law  of  Evidence.  Third — Mortgage  Law  (substantive 
and  adjective),  International  Law  (private  and  public).  Treas- 
ury Department  Laws,  Law  of  Special  Proceedings,  Notarial 
and  Forensic  Practice.  An  average  grade  of  75  per  cent,  is  re- 
quired in  order  to  be  entitled  to  admission.  These  written 
examinations  are  held  in  San  Juan,  Porto  Rico,  once  every 
year  on  the  third  Monday  of  November,  Applications  must 
be  filed  with  the  Secretary-Reporter  of  the  Supreme  Court 

*  Note. — The  statement  of  the  rules  froverning  admission  to  the  bar 
in  Porto  Rico  was  kindly  prepared  by  Jos6  Hernandez  Usera,  Secre- 
tary-Reporter of  the  Supreme  Court,  San  Juan,  Porto  Rico. 

(152) 


RULES   FOR  ADMISSION   TO   THE   BAR.  153 

of  Porto  Rico  not  later  than  the  10th  of  November,  addressed 
San  Juan,  Porto  Rico.  There  is  a  pamphlet  for  sale  at  50 
cents  in  the  office  of  said  Secretary-Reporter  containing-  the 
rules  made  by  the  Supreme  Court  of  Porto  Rico  governing 
the  bar  examinations  and  a  list  of  questions  of  each  one  of 
the  topics  constituting  the  three  courses.  Each  applicant  must 
answer  three  questions  for  each  topic,  and  the  number  of  each 
question  is  determined  by  ballots  drawn  from  a  ballot-box. 

Admission  on  Diploma — General  Oral  Examinations. 

Any  person  who  has  obtained  a  diploma  from  an  accredited 
law  school  of  the  United  States  where  a  preparatory  course 
of  study  is  required  for  admittance  (provided  said  diploma 
has  not  been  acquired  by  correspondence)  may  be  admitted 
to  practice  upon  presentation  to  the  Supreme  Court  of  such 
diploma  duly  authenticated  by  the  Secretary  of  State  wherein 
the  university  is  situated,  together  with  an  affidavit  from  the 
dean  of  the  university,  to  be  also  authenticated  as  above  stated, 
stating  further  that  applicant  has  studied  law  at  such  universi- 
ty for  not  less  than  two  years,  and  upon  passing  a  general  oral 
examination  on  the  subjects  above  enumerated,  and  in  the 
order  named,  before  the  said  board  of  examiners.  These  oral 
examinations  are  held  twice  a  year,  and  the  applications  must 
be  filed  with  the  Secretary-Reporter  of  the  Supreme  Court 
of  Porto  Rico,  San  Juan,  Porto  Rico,  not  later  than  the  10th 
of  March  and  the  10th  of  November  of  each  year. 

Admission  of  Attorneys   from  Otlier  Jurisdictions. 

A  person  of  good  moral  character  who  has  been  admitted 
in  the  Supreme  Court  of  any  state  or  territory  of  the  United 
States,  or  in  the  District  Court  of  the  United  States  for  Porto 
Rico,  and  has  been  actively  engaged  in  practice  for  two  years 
or  more,  including  at  least  one  year's  practice  in  the  District 
Court  of  the  United  States  for  Porto  Rico,  may  be  admitted 


154  RULES   FOR   ADMISSION   TO   THE   P.AR. 

in  the  Sui)rcine  Court  without  examination  upon  producing 
satisfactory  evidence  of  such  former  admission  and  period  of 
active  practice. 

Admission  of  Porto  Ricans  Absent  at  the  Time   of  the  Amer- 
ican Occupation. 

Any  Porto  Rican  of  good  conduct  holding  a  diploma  of 
law  from  some  university,  and  who  was  a  member  of  the 
Porto  Rico  Bar  Association,  and  was  admitted  to  practice  in 
Porto  Rico  before  the  American  occupation,  and  was  absent 
from  the  Island  at  the  time  of  said  occupation,  may  be  ad- 
mitted to  practice  without  examination  upon  taking  the  oath 
to  obey  the  Constitution  of  the  United  States  and  the  laws 
of  Porto  Rico. 

Admission    of    Attorney    General    and    of    Prominent    Visiting 
Laivyers. 

The  Supreme  Court  may  admit  without  examination  any 
visiting  lawyer  of  good  standing  before  the  Supreme  Court  of 
any  state  or  territory  of  the  United  States,  to  appear  as  coun- 
sel in  special  cases  before  the  courts  of  the  Island.  The  per- 
son duly  authorized  to  discharge  the  duties  of  the  Attorney 
General  of  Porto  Rico  may  be  also  admitted  without  exam- 
ination. 

Applications — How  Should  be  Dra\irn. 

All  applications  shall  be  in  the  handwriting  of  applicant  and 
shall  state  his  name,  age,  nativity,  nationality,  and  citizenship, 
and  how  his  citizenship  was  acquired,  and  shall  further  state 
any  other  facts  entitling  applicant  to  admission. 

Moral  Character  of  Applicants — Examination  by  a  Committee 
on  Character. 

Before  any  applicant  is  allowed  to  take  the  oath  of  admis- 
sion, his  application  must  be  referred  by  the  Supreme  Court 
of  Porto  Rico  to  a  committee  on  character,  composed  of  three 


RULES   FOR   ADMISSION   TO   THE   BAR.  155 

lawyers,  appointed  by  the  Supreme  Court  of  Porto  Rico  to 
examine  and  report  upon  the  moral  quahfications  of  apph- 
cants ;  and  if  the  moral  character  of  applicant  is  satisfactory, 
then  a  certificate  is  issued  to  him  by  said  committee,  and  the 
same  must  be  filed  in  the  Supreme  Court  before  the  oath  of 
admission  is  taken. 

Source  of  Rules. 

Act  March  8,  1906,  in  effect  January  31,  1907.  as  amended 
by  Act  March  14,  1907,  and  Act  No.  51  of  March  9,  1911, 
in  effect  January  1,  1912;  Rules  of  Supreme  Court  Approved 
December  24.  1908.  in  effect  March  1,  1909;  Rules  Govern- 
ing Bar  Examinations  Approved  by  Supreme  Court  January 
18,  1912,  and  February  13,  1913,  as  amended  March  20,  1914. 


PORTO  RICO  SUPREME  COURT  DECISIONS. 

1899  to  1914. 

The  decisions  of  the  Supreme  Court  of  Porto  Rico  com- 
prise 20  volumes  to  date,  and  contain  all  the  decisions  from 
Sei)tember  25,  1899,  to  June  14.  1914.  The  first  two  volumes 
are  published  in  Spanish  only,  and  are  known  as  "Sentencias 
del  Tribunal  Supremo  de  Puerto  Rico."  Volumes  3  to  date 
are  published  in  Spanish  and  English,  the  first  known  as  "De- 
cisiones  de  Puerto  Rico,"  and  the  second  as  "Porto  Rico  Re- 
ports," and  are  cited  respectively  "D.  P.  R."  and  "P.  R.  R." 
These  volumes  are  published  and  sold  by  the  Secretary-Re- 
porter of  the  Supreme  Court  of  Porto  Rico,  San  Juan,  Porto 
Rico. 


15G  RULES  FOR  ADMISSION  TO  THE   BAR. 

PORTO  RICO  FEDERAL  DECISIONS. 

1905  to  1910. 

The  decisions  of  the  United  States  District  Court  at  Porto 
Rico  are  pubHshed  in  a  series  known  as  the  "Porto  Rico  Fed- 
eral Reports,"  of  which  5  volumes  have  been  issued  to  date, 
including  the  decisions  from  1905  to  1910. 


Rhode  Island. 


Citizensliip — Residence — Age — Character. 

The  applicant  for  admission  to  the  bar  in  this  state  shall 
be  a  citizen  of  the  United  States,  or  shall  have  declared  his  in- 
tention of  becoming  such,  a  resident  of  this  state,  21  years  of 
age,  and  of  good  moral  character,  which  last  must  be  certified 
to  by  an  attorney  of  the  Supreme  Court. 

Application — Form  and  Contents — Fee. 

Petitioner  shall  file  his  petition  with  the  clerk  of  the  Su- 
preme Court  at  Providence.  Such  petition  must  contain  the 
proofs  as  to  citizenship,  residence,  age,  good  moral  character, 
general  education,  period  of  study,  etc.,  required  by  the  rules. 
Petitioner  must  also  state  that  he  intends,  if  admitted,  to  prac- 
tice law  in  this  state.  A  fee  of  $10  shall  accompany  the  ap- 
plication. 

General  Education. 

Before  commencing  the  study  of  law,  the  candidate  must 
have  received  an  education  equivalent  to  that  received  in  a  high 
school  in  one  of  the  cities  of  the  state. 

Term  of  Study. 

If  the  candidate  has  received  a  classical  education,  his  peti- 
tion shall  set  forth  that  he  has  studied  law  two  years  in  the 
office  of  a  practicing  attorney,  or  two  years  in  some  law  school 
and  attorney's  office,  provided  that  six  months  of  such  study 
shall  be  spent  in  the  office  of  an  attorney  in  this  state.  If  he 
has  not  received  a  classical  education,  his  petition  shall  state 
that  he  has  spent  three  years  in  the  study  of  law,  six  months 
of  which  study  shall  have  been  in  the  office  of  an  attorney  in 

(157) 


158  RULES   FOR  ADMISSION   TO  THE   BAR. 

this  state.  Proof  that  the  applicant  has  studied  the  required 
time  in  an  office  in  this  state  will  be  by  the  affidavit  of  the  at- 
torney in  whose  office  he  studied.  Proof  that  the  applicant 
is  a  graduate  of  an  approved  college  or  law  school  will  be  the 
production  of  the  diploma  under  the  seal  of  the  institution. 
The  time  of  study  in  a  law  school  when  an  applicant  has  not 
graduated  therefrom  will  be  proved  by  certificate  of  the  dean 
or  secretary  of  such  school.  The  board  will  recognize  the  fol- 
lowing law  schools :  Albany  Law  School,  Boston  University, 
Columbia,  Columbian  Law  School,  Cornell.  Georgetown,  Har- 
vard, New  York  Law  School,  Northwestern,  University  of 
Iowa,  L'niversity  of  Michigan,  University  of  Pennsylvania, 
University  of  Virginia,  Yale.  The  board  will  recognize  an 
applicant  as  having  received  a  classical  education  who  has 
graduated  from  a  college  whose  course  is  substantially  equiva- 
lent to  Brown  University. 

Hxamination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  will  be  held  in  the  city  of  Providence  during 
the  last  week  in  March  and  September  in  each  year,  and  at 
such  other  times  as  may  appear  necessary  or  expedient. 

The  petition  for  admission  shall  be  referred  to  the  Board  of 
Examiners,  consisting  of  five  members  of  the  bar  appointed 
by  the  court,  which  board  shall  satisfy  itself  as  to  the  allega- 
tions in  the  petition  referred  to,  and  that  the  applicant  is  capa- 
ble of  properly  advising  his  clients  and  conducting  their  causes, 
and  is  sufficiently  versed  in  the  law  as  disclosed  by  a  test  upon 
the  subjects  of  Contract,  Torts,  Criminal  Law,  Pleading,  Real 
Property,  Sales,  Agency,  Bills  and  Notes,  Evidence,  Equity, 
Jurisprudence  and  Pleadings,  Corporations  (Public  and  Pri- 
vate), Damages,  Probate  Law  and  Practice,  Domestic  Rela- 
tions, Partnership,  Trusts,  Carriers,  Constitutional  Law,  and 
Bankruptcy,  besides  general  principles  of  the  common  law,  the 


RULES  FOR  ADMISSION  TO  THE   BAR.  159 

statute  law  of  the  state,  and  the  principles  of  the  Constitutions 
of  the  state  and  the  United  States.  The  board  shall  recom- 
mend to  the  Supreme  Court  those  candidates  who  have  success- 
fully passed  the  examination.  Such  candidates  shall  then,  un- 
less the  court  otherwise  orders,  be  admitted  as  attorneys  of 
this  court.  In  case  of  failure  to  pass  the  examination,  a  fee 
of  $5  shall  be  required  upon  the  filing  of  any  subsequent  peti- 
tion. The  secretary  of  the  board  will  notify  each  applicant  of 
the  result  of  his  examination,  and  will  inform  those  possessing 
the  necessary  requirements  as  to  the  time  when  the  board  will 
recommend  their  admission  to  the  court. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  admitted  in  another  state,  who  has  practiced  therein  for 
more  than  three  years,  shall  be  eligible  to  the  examination  after 
six  months  of  study  in  an  attorney's  office  of  this  state ;  but 
one  so  admitted  in  another  state,  who  has  practiced  for  10 
years,  may  dispense  with  the  course  of  study  in  such  office. 
In  either  case  he  must  produce  his  license  to  practice  in  such 
other  state,  or  the  certificate  of  the  clerk  of  the  highest  court 
in  such  state ;  also  a  certificate  of  good  moral  character  from 
the  Chief  Justice  of  such  court. 

Certificate   of  Clerkship. 

Any  person  entering  the  office  of  an  attorney  in  this  state 
as  a  student  of  law  shall  file  with  the  clerk  of  the  Supreme 
Court  such  attorney's  certificate,  stating  that  the  term  of  clerk- 
ship has  commenced,  and  the  time  of  such  period  shall  begin 
♦vith  the  filing  of  the  notice. 

Source  of  Rules. 

Gen.  Laws  1909.  c.  272,  §  2;  Rules  Supreme  Court  and 
Board  of  Examiners,  in  force  1910. 


160  RULES   FOR  ADMISSION  TO  THE   BAR. 

RHODE  ISLAND  DECISIONS. 

1828  to  1915. 

A  complete  set  of  Rhode  Island  Reports  (down  to  1915)  con- 
sists of  35  vols.  All  Rhode  Island  decisions  subsequent  to  vol. 
14  are  reported  in  the  Atlantic  Reporter,  91  vols.  The  set  also 
contains  all  decisions  for  the  last  30  years  of  Connecticut,  Del- 
aware, Maine,  Maryland,  New  Hampshire,  New  Jersey,  Penn- 
sylvania, and  Vermont,  including  upward  of  3,000  decisions — 
a  number  of  which  are  from  Rhode  Island — which  have  been 
omitted  from  the  State  Reports,  and  can  only  be  found  in  the 
Atlantic.  The  tables  of  cross-citations  furnished  with  the  At- 
lantic make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  limited  number  of  lo- 
cal precedents  makes  reference  to  the  decisions  of  the  neighbor- 
ing states  a  frequent  necessity,  and  the  decisions  reported  in  the 
Atlantic  carry  weight  in  Rhode  Island.  Write  for  price  and 
full  information. 

West  Publishing  Co..  St.  Paul,  Minn. 


South  Carolina. 

Citizenship — Residence — Age — Character. 

The  applicant  for  admission  in  this  state  shall  be  a  citizen 
of  the  state,  21  years  of  age  and  of  good  moral  character, 
which  last  must  be  certified  to  by  at  least  three  reputable  at- 
torneys of  this  state. 

Application — Fee. 

Application  in  writing  must  be  filed  with  the  Clerk  of  the 
Supreme  Court,  Columbia,  S.  C,  at  least  two  weeks  prior  to 
the  date  of  the  examination.  Such  applications  must  contain 
statements  as  to  age,  occupation,  and  residence  of  the  ap- 
plicant, and  must  be  accompanied  by  proof  of  the  qualifica- 
tions as  to  moral  character,  general  education  and  term  of 
study,  as  outlined  above  and  below.  A  fee  of  $5  must  ac- 
company the  application. 

General  Education. 

Applicant  must  present  to  the  Board  of  Examiners  satis- 
factory proof  in  writing,  by  examination,  or  otherwise,  as  the 
board  may  direct,  that  he  has  had  a  preliminary  general  educa- 
tion equivalent  to  that  of  a  graduate  of  a  high  school  of  this 
state.  His  application  shall  show  the  schools  and  colleges  at- 
tended and  the  course  of  study  taken. 

Term  of  Stndy. 

He  must  also  present  such  proof  as  the  board  directs  that 
he  has  studied  law  in  a  law  school  in  the  United  States,  or  in 
the  office  or  under  the  direction  of  a  member  of  the  bar  of 
this  state,  for  a  period  of  two  years  during  at  least  36  weeks 
in  each  vear ;  and  that  he  has  read  the  entire  course  prescribed 
by  the  Supreme  Court,  or  equivalents,  naming  them.  Proof 
11  (IGl) 


162  RULES   FOR   ADMISSION   TO   THE   BAR. 

of  period  of  study  shall  be  by  the  certificates  of  the  instructors, 
professors  and  attorneys  under  whose  direction  appHcant  has 
studied,  or,  in  case  of  graduates,  by  presentation  of  applicant's 
certificate  or  diploma.  The  course  of  study  prescribed  by  the 
Supreme  Court  covers  the  subjects  of  Elementary  Law,  Per- 
sonal Property,  Real  Property,  Criminal  Law  and  Procedure, 
Torts,  Contracts,  Damages,  Negotiable  Instruments,  Domestic 
Relations,  Bailments,  Agency,  Partnership,  Corporations,  In- 
surance, Executors  and  Administrators,  Wills,  Equity,  Code 
Pleading,  Evidence,  Constitutional  Law,  Legal  Ethics,  and 
the  South  Carolina  Statutes  and  Rules  of  Court.  The  list  of 
books  recommended  is  too  lengthy  to  be  listed  here,  but  may 
be  obtained  upon  request  from  the  clerk  of  the  Supreme 
Court. 

Examination — Regulations — Scope — Fee. 

Applications  shall  be  referred  by  the  Supreme  Court  to  a 
Board  of  Examiners  consisting  of  three  members  of  the  bar 
of  at  least  ten  years  standing  who  shall  examine  the  applicant 
touching  his  qualifications,  legal  and  otherwise,  for  admission 
to  the  bar.  Two  examinations  each  year  shall  be  held  at 
Columbia,  S.  C,  one  on  the  first  Wednesday  and  Thursday  of 
May  and  the  other  on  the  first  Wednesday  and  Thursday  of 
December ;  or  on  such  other  days  as  the  Board  of  Examiners 
may  determine.  The  board  shall  report  the  result  of  their 
proceedings  to  the  Supreme  Court.  If  the  Court  is  satis- 
fied as  to  the  applicant's  general  qualification  and  good 
moral  character,  they  shall  pass  an  order  admitting  him  to 
practice  in  all  the  courts  of  the  state,  upon  payment  of  a  fee 
of  $5  to  the  State  Treasurer. 

Admission    of   Attorneys   from   Other   Jurisdictions. 

Members  of  the  bar  of  any  state,  district,  or  territory  of 
the  L^nited  States  who  for  five  years  after  admission  have  been 


RULES   FOR  ADMISSION   TO   THE   BAR,  163 

engaged  as  practitioners,  judges,  or  teachers  of  law  shall  be 
admitted  without  examination,  on  proof  of  good  moral  char- 
acter, after  becoming  actual  residents  of  this  state. 

Graduates  of  Law  Department  of  State  University. 

Graduates  of  the  Law  Department  of  the  University  of 
South  Carolina  shall,  upon  the  production  of  their  diplomas 
and  satisfactory  evidence  of  good  moral  character,  be  admitted 
as  heretofore. 

Source   of   Rules. 

Civ.  Code  1912,  §§  3908-3922 ;   Rules  Sup.  Ct. 


SOUTH  CAROLINA  DECISIONS. 

1783  to  1915. 

A  complete  set  of  South  Carolina  Reports  (down  to  1915) 
consists  of : 

Law  Reports,  1783-1868. 
Bay,  2  vols. 
Brevard,  3  vols. 
Mihs,  2  vols. 
Nott  &  McCord,  2  vols. 
McCord,  4  vols. 
Harper,  1  vol. 
Bailey,  2  vols. 
Hill,  3  vols. 
Riley,  1  vol. 
Dudley,  1  vol. 
Rice,  1  vol. 
Cheves,  1  vol. 
McMullan,  2  vols. 


164  RULES   FOR  ADMISSION   TO   THE   BAR. 

Speers,  2  vols. 

Strobhart,  5  vols. 

Richardson,  15  vols. 
Chancery  Reports,  1784-1868. 

Desaiissure,  -i  vols. 

Harper,  1  vol. 

McCord,  2  vols. 

Bailey,  1  vol. 

Richardson's  Equity  Cases,  1  vol. 

Hill,  2  vols. 

Riley,  1  vol. 

Dudley,  1  vol. 

Rice,  1  vol. 

Cheves,  1  vol. 

I^IcMullan,  1  vol. 

Speers,  1  vol. 

Strobhart,  4  vols. 

Richardson,  14  vols. 
South  Carolina,  New  Series,  97  vols.,  1868-1915. 
All  decisions  subsequent  to  South  Carolina,  vol.  25,  are 
reported  in  the  Southeastern  Reporter,  82  vols.  The  set 
also  contains  all  decisions  for  the  last  28  years  of  Georgia, 
North  Carolina,  Virginia,  and  West  Virginia.  The  tables  of 
cross-citations  furnished  with  the  Southeastern  make  it  a  sim- 
ple matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  set  costs  about  one-fourth  the  price  of 
the  corresponding  State  Reports.  In  fact,  the  subscriber  for 
the  South  Carolina  Reports  covered  by  the  Southeastern  has 
paid  considerably  more  than  it  would  have  cost  him  to  take  the 
Southeastern  and  get,  in  addition  to  his  own,  all  the  decisions 
of  the  four  neighboring  states.  Write  for  price  and  full  in- 
formation. 

West  Publishing  Co.,  St.  Paul,  Minn. 


South  Dakota. 


Citizenship — Residence — Age — Character. 

Each  candidate  shall  prove  to  the  satisfaction  of  the  court 
that  he  is  a  resident  of  the  state,  21  years  of  age,  and  of  good 
moral  character;  the  last  to  be  proved  by  certificates  or  let- 
ters from  a  trial  judge  and  two  or  more  reputable  members  of 
the  bar  in  this  or  another  state.  Proof  of  age  and  residence 
shall  be  by  affidavit  of  the  applicant. 

Application — Requirements — Fee. 

Application,  together  with  all  the  credentials  and  proofs  as 
to  citizenship,  residence,  age,  character,  preliminary  education, 
and  term  of  study  required  by  the  rules,  must  be  filed  with 
the  clerk  of  the  Supreme  Court,  Pierre,  S.  D.  There  are  no 
blank  forms  for  admission.  A  fee  of  $5  shall  accompany  ap- 
plication, to  be  returned  in  case  application  is  denied. 

Preliminary    Education — Term   of   Study — Certificate. 

Applicant's  general  education  must  be  substantially  equiva- 
lent to  that  involved  in  the  completion  of  a  high  school  course 
of  study  at  least  four  years  in  extent.  He  must  also  have  ac- 
tually and  in  good  faith  pursued  a  regular  course  of  study  of  the 
law  for  at  least  three  full  years,  either  in  the  office  of  an  attor- 
ney in  this  or  another  state,  or  of  a  judge  of  a  court  of  rec- 
ord, or  in  some  reputable  law  school  in  the  United  States,  or 
partly  in  such  office  and  partly  in  such  law  school.  Every  resi- 
dent of  the  state,  upon  commencing  the  term  of  study  requir- 
ed by  these  rules,  either  in  the  office  of  an  attorney,  or  in  some 
reputable  law  school,  in  this  state  or  elsewhere,  shall  file  with 
the  clerk  of  the  Supreme  Court  a  certificate  of  such  attorney  or 
the  chief  of  such  law  school,  as  the  case  may  be,  showing  his 
name   and   residence,  and   the  date  when  he  commenced  the 

(165) 


166  RULKS   FOR   ADMISSION   TO   TIIIO    BAR. 

Study  of  law,  which  certificate  shall  be  accompanied  by  a  fee 
of  50  cents. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  in  the  Supreme  Court  room  in  the  city 
of  Pierre  on  the  first  day  of  each  regular  term  of  court,  being 
the  first  Tuesdays  of  April  and  October. 

All  applicants,  except  graduates  of  the  College  of  Law  of  the 
State  University  entitled  to  admission  to  practice  as  by  law 
provided,  shall  be  examined  in  open  court,  before  the  justices 
of  the  Supreme  Court.  An  average  of  75  per  cent,  is  required, 
on  a  written  examination  embracing  the  following  subjects: 
Evidence,  Law  of  Real  and  Personal  Property,  Torts,  Con- 
tracts, Pleading,  Partnership,  Bailments,  Negotiable  Instru- 
ments, Agency,  Suretyship,  Domestic  Relations,  Wills,  Corpo- 
rations, Equity,  Criminal  Law,  Constitutional  Law,  the  Code 
of  Civil  Procedure,  and  Legal  Ethics.  If  the  candidate  shall 
pass  the  examination  satisfactorily,  he  shall  be  admitted  upon 
taking  the  required  oath. 

Admission  of  Attorneys   from   Other  Jurisdictions. 

Any  person  becoming  a  resident  of  this  state  after  having 
been  admitted  by  the  highest  court  in  another  jurisdiction,  and 
who  has  practiced  regularly  therein  for  not  less  than  five  years, 
may,  in  the  discretion  of  the  court,  be  admitted,  without  exam- 
ination or  proof  of  period  of  study,  upon  presenting  a  certifi- 
cate of  admission  to  practice  in  such  state  or  district,  together 
with  proof  of  the  other  qualifications  required  by  the  statutes 
and  rules. 

Admission  on  Diploma. 

All  law  students  who  have  completed  the  course  prescribed 
by  the  College  of  Law  of  the  State  University,  or  the  equiva- 
lent of  such  course,  including  the  subjects  prescribed  by  law 
for  admission    to  the    bar  in  this    state,  and    have  graduated 


RULES   FOR  ADMISSION   TO   THE   BAR. 


1G7 


therein  and  been  admitted  by  the  State  University  to  the  de- 
gree of  Bachelor  of  Laws,  shall  be  deemed  to  have  the  learning 
requisite  to  entitle  them  to  practice  in  any  of  the  courts  of  the 
state,  and  shall  be  admitted  to  practice  without  examination,  on 
proof  of  the  admission  to  such  degree  and  that  applicant  is  at 
least  31  years  of  age  and  of  good  moral  character. 

Sex  No  Bar  to  Admission. 

Sex  shall  constitute  no  bar  to  admission  in  this  state. 

Miscellaneous. 

Persons  who  are  entitled  to  admission,  under  the  statute, 
without  examination,  may  be  admitted  without  personally  ap- 
pearing before  the  court. 

Source  of  Rules. 

Sup.  Ct.  Rules ;  Laws  1903,  cc.  77,  78 ;  Laws  1905,  c.  55 ; 
Laws  1907,  c.  72;   Comp.  Laws  1913,  ,§§  685-688. 


SOUTH  DAKOTA  DECISIONS. 

1867  to  1915. 

A  complete  set  of  Reports  for  South  Dakota  (down  to  1915) 
consists  of: 

Dakota  Territorial,  6  vols.,  1867-1889. 
South  Dakota,  33  vols.,  1889-1915. 
All  Dakota  decisions,  territorial  and  of  both  states,  are  re- 
l)orted  in  the  Northwestern  Reporter,  148  vols.  The  set  also 
contains  all  decisions  for  the  last  36  years  of  Iowa,  Michigan, 
Minnesota,  Nebraska,  and  Wisconsin,  and  sells  for  about 
one-fifth  of  the  cost  of  the  corresponding  State  Reports.     The 


1G8  RULES   FOR   ADMISSION   TO   THE   BAR. 

tables  of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  cases,  even  if  cited  by  the  State  Re- 
ports page  and  volume.  The  limited  quantity  of  local  case 
law,  and  the  fact  that  the  decisions  of  the  neighboring  states 
arc  constantly  cited,  makes  this  set  a  necessity  to  the  lawyer 
practicing  in  South  Dakota.  Write  for  price  and  full  informa- 
tion. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Tennessee* 


Citizenship — Age — Character. 

Citizenship  of  this  state  is  not  a  requisite  here,  but  the  can- 
didate shall  be  21  years  of  age  and  of  good  moral  character, 
and  must  be  a  citizen  of  some  state  in  the  United  States. 

Application — Fee. 

Application  must  be  filed  with  the  secretary  of  the  Board  of 
Examiners,  Jas.  L.  McRee,  Tennessee  Trust  Bldg.,  Memphis, 
Tenn.,  at  least  10  days  before  the  examination,  and  must  be 
accompanied  by  a  fee  of  $5.  The  candidate  shall  file  with  his 
application  the  certificate  of  the  county  court  in  the  county 
in  which  he  resides  that  he  is  of  sufficient  age  and  of  good 
moral  character.  Blank  forms  for  use  in  making  application 
will  be  furnished  by  the  secretary  of  the  board,  but  no  partic- 
ular form  is  prescribed. 

Period  of  Study. 

The  candidate  must  also  file  with  his  application  a  certificate 
signed  by  the  secretary  or  one  of  the  professors  of  a  law 
school,  or  by  one  or  more  reputable  attorneys  under  whom  a 
course  of  study  has  been  pursued,  showing  the  period  of  time 
covered  by  such  study,  the  subjects  studied  and  the  law  books 
read.  The  course  of  study  must  cover  the  subjects  enumerated 
below. 

Examination — Regulations — Scope — Where   Held. 

Examinations  are  held  six  times  a  year,  at  Knoxville,  Nash- 
ville, Jackson,  Lebanon,  Memphis,  and  Chattanooga,  at  such 

*  Note. — The  Supreme  Court  of  Tennessee  has  under  consideration 
the  adofition  of  new  niles,  which  will  modify  the  rules  as  here  given, 
but  these  new  rules  had  not  been  adopted  in  time  for  this  printing. 

(169) 


170  RULKS    FOK   ADMISSION   TO   THE   BAR. 

times  as  the  .Uoard  of  Examiners  determine  upon.  Applicunts 
will  be  required  to  submit  written  answers  to  75  questions 
based  on  the  following  subjects:  Real  and  Personal  Property, 
Personal  Rights,  Torts,  Contracts,  Partnership,  Bailments,  Ne- 
gotiable Instruments,  Principal  and  Agent,  Principal  and 
Surety,  Domestic  Relations,  Wills,  Corporations,  Equity  Juris- 
prudence, Evidence,  Common  Law  and  Equity  Pleading  and 
Practice,  Criminal  Law  and  Evidence,  the  Constitutions  of  the 
State  and  of  the  United  States,  and  Legal  Ethics.  The  board 
may  examine  the  applicant  orally  if  it  sees  fit.  A  minimum 
grade  of  75  per  cent,  is  required  in  order  to  be  entitled  to  a 
license  to  practice.  Persons  failing  in  the  first  examination 
may  be  re-examined  after  three  months  without  paying  an  ad- 
ditional fee.  A  fee  of  $3,  in  addition  to  the  regular  examina- 
tion fee,  will  be  paid  upon  the  issuance  of  a  license. 

Admission  of  Attorneys   from  Other   States. 

Where  the  requirements  for  admission  to  the  bar  are  equal  to 
those  prescribed  in  Tennessee,  attorneys  from  other  states  may 
be  admitted  without  examination,  by  exhibiting  their  licenses 
or  copies  of  the  record  showing  their  admission  to  the  highest 
court  of  the  state  from  which  they  came.  If  the  requirements 
are  not  equivalent  to  those  required  in  Tennessee,  the  attorney 
may  be  admitted  without  examination  provided  he  has  practiced 
for  a  period  of  5  years,  and  the  board  is  satisfied  that  the  appli- 
cant is  worthy  of  admission.  A  fee  of  $3  shall  be  paid  for  li- 
cense. 

Source  of  Rules. 

Act  of  March  30,  1903,  and  Rules  of  Supreme  Court  adopted 
April  28,  1903. 


BULES  FOR  ADMISSIOx\   TO   THE   BAB.  171 

TENNESSEE  DECISIONS. 

1791  to  1915. 

A  complete  set  of  Tennessee  Reports  (down  to  1915)  con- 
sists of: 

Overton,  2  vols. 

Cook,  1  vol. 

Haywood,  3  vols. 

Peck,  1  vol. 

Martin  &  Yerger,  1  vol. 

Yerger,  10  vols. 

Meigs,  1  vol. 

Humphrey,  11  vols. 

Swan,  2  vols. 

Sneed,  5  vols. 

Head,  3  vols. 

Coldwell,  7  vols. 

Heiskell,  12  vols. 

Baxter,  9  vols. 

Lea,  16  vols. 

Tennessee,  vols.  85  to  129. 

Cooper's  Chancery  Reports,  3  vols. 

Chancery  Appeals,  2  vols. 

Shannon's  Unreported  Cases,  3  vols. 

Court  of  Civil  Appeals  (Higgins)  4  vols. 
All  Tennessee  decisions  subsequent  to  16  Lea  are  reported 
in  the  Southwestern  Reporter,  169  vols.  The  set  also  contains 
over  800  decisions  which  have  been  omitted  from  the  Tennes- 
see Reports  or  have  been  reported  only  as  memorandum  deci- 
sions. Many  of  these  are  valuable  decisions,  and  are  not  re- 
ported elsewhere.    The  set  also  contains  all  decisions  for  the 


172  RULES   FOR  ADMISSION   TO   THE   BAR. 

last  29  years  of  Arkansas,  Kentucky,  Missouri,  and  Texas,  and 
all  decisions  of  Indian  Territory,  The  tables  of  cross-citations 
furnished  with  the  Southwestern  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume.    Write  for  price  and  full  information. 

West  Publishing  Co.,  St.  Paul,  MiiiE. 


Tc 


xas. 


Citizenship — Residence — Age — Cliaracter. 

The  applicant  shall  file  a  certificate  of  the  county  commis- 
sioners' court  of  the  county  in  which  he  resides,  and  also  that 
of  two  reputable  attorneys  who  have  known  him  for  the  pre- 
ceding six  months,  to  the  effect  that  he  has  been  a  resident  of 
the  state  for  the  last  six  months,  is  of  full  age  and  of  good 
moral  character.  Such  certificate  of  good  moral  character 
shall  not  be  conclusive  evidence ;  but  the  Board  of  Exammers 
may  resort  to  such  other  evidence  or  means  of  information  as 
they  deem  proper. 

Application — Contents — Fee. 

Application  shall  be  filed  with  one  of  the  Boards  of  Examin- 
ers, and  shall  be  accompanied  by  the  certificates  above  re- 
quired. A  fee  of  $10  shall  be  paid  at  the  time  of  filing  the 
application. 

General  Education. 

The  Board  of  Examiners  will  reject  any  applicant  who,  in 
their  opinion,  shall  show  himself  so  deficient  in  general  edu- 
tation  as  not  to  be  capable  of  performing  the  duties  of  an  at- 
torney. 

Course  of  Study. 

The  Supreme  Court  has  prescribed  a  course  of  study  to  be 
pursued  as  a  condition  to  admission  to  the  bar,  based  on  the 
examination  subjects  listed  below,  suggesting  the  books  to  be 
read.  Copies  of  this  list  may  be  obtained  from  the  clerk  of 
any  Court  of  Civil  Appeals  or  of  the  Supreme  Court.  In  ad- 
dition to  the  subjects  listed  below,  the  student  is  recommended 

(173) 


174  RULES   FOR  ADMISSION  TO   THE   BAR. 

to  read  Batts'  or  Sayles'  Notes,  also  White's  or  Willson's 
Notes  upon  the  Penal  Code  and  the  Code  of  Criminal  Proce- 
dure. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

A  Board  of  Examiners  is  appointed  by  each  Court  of  Civil 
Appeals,  to  whom  applications  for  admission  must  be  made. 
The  examination  embraces  the  following  subjects:  Elements 
of  the  Common  Law,  Real  Property,  Contracts,  Torts,  Equity 
Jurisprudence,  Pleading,  Practice  and  Evidence,  Domestic 
Relations  and  Administration  of  Decedents'  Estates,  Constitu- 
tional and  Statutory  Law,  and  Criminal  Law.  The  examina- 
tions are  in  writing,  and  no  applicant  shall  be  granted  a  license 
unless  he  makes  a  grade  of  not  less  than  50  per  cent,  in  all 
branches  and  a  general  average  of  not  less  than  75  per  cent. 
An  applicant  who  fails  cannot  take  a  new  examination  within 
six  months,  and  the  subsequent  examinations  must  be  taken  be- 
fore the  same  Board  of  Examiners  as  was  the  first.  Examina- 
tions are  held  at  least  four  times  a  year,  at  the  places  where 
the  Several  Courts  of  Civil  Appeals  sit.  The  times  at  which 
the  examinations  are  held  are  specified  by  the  several  Boards 
of  Examiners. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Upon  presentation  of  a  certificate  from  a  judge  of  the  state 
from  which  the  attorney  comes,  showing  that  he  is  in  good 
standing  and  of  good  moral  character,  an  attorney  who  has 
been  admitted  in  another  state  will  be  permitted  to  take  the 
examination  in  Texas. 

Admission  on  Diploma. 

Graduates  of  the  law  department  of  the  State  University  are 
admitted  upon  presentation  of  their  diploma  to  the  clerk  of  the 
Supreme  Court  within  12  months  from  the  date  of  issuance, 
together  with  a  certificate  from  the  commissioners'  court  of 


RULES   FOR  ADMISSION  TO   THE   BAR.  175 

the  county  in  which  the  apphcant  resides,  stating  that  he  has 
fulfilled  the  requirements  as  to  age,  character,  and  residence : 
Provided,  that  any  diploma  issued  by  said  University  on  a 
grade  less  than  that  prescribed  by  the  Supreme  Court  for  ex- 
aminations shall  not  entitle  the  holder  thereof  to  a  license. 
The  usual  fee  of  $10  will  be  paid  upon  admission. 

Admission   in   Supreme   Court. 

After  an  attorney  has  been  admitted  to  one  of  the  Courts  of 
Civil  Appeals,  he  may  be  admitted  to  the  Supreme  Court  by 
filing  his  license  with  the  clerk  of  that  court. 

Source  of  Rules. 

Acts  1903,  c.  42,  as  amended  by  Acts  1905,  c.  100;  Supreme 
Court  Rules  (78  S.  W.  v-vi). 


TEXAS  DECISIONS. 

1840  to  1915. 

A  complete  set  of  Texas  Reports  (down  to  1915)  consists 
of: 

Texas  Supreme,  105  vols.,  Dallam's  Decisions,  and  25th 

Supplement,    1840-1915. 
Texas  Criminal  Appeals,  64  vols.,  1876-1915. 
Texas  Civil  Appeals,  57  vols.,   1892-1915. 
The  Southwestern  Reporter,  169  vols.,  contains  all  decisions 
of  Texas  subsequent  to  G5  Supreme,  20  Criminal  Appeals,  and 
all   decisions    of    the    Court    of    Civil    Appeals.     It    also    in- 
cludes more  than  10,000  of  the  decisions  of  these  courts  which 
have  been  omitted  from  the  Texas  Reports,  and  are  only  pub- 
lished in  the  Southwestern  Reporter.    These  omitted  cases  are 


176  RULES   FOR   ADMISSION   TO   THE   BAR. 

more  than  a  third  of  all  the  decisions  of  the  Texas  courts  for 
the  period  covered  (29  years).  As  a  reporter  of  the  current 
decisions,  it  is  prompt,  accurate,  and  exceedingly  popular.  In 
addition  to  these  the  Southwestern  also  contains  all  decisions 
for  the  last  29  years  of  Arkansas,  Kentucky,  Missouri,  and 
Tennessee,  and  all  of  Indian  Territory.  The  tables  of  cross- 
citations  furnished  with  the  Southwestern  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  set  is  looked  upon  in  Texas  as  a  local 
necessity.    Write  for  price  and  full  description. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Utah. 


* 


Citizenship — Age — Character. 

To  entitle  one  to  examination  for  admission,  he  shall  be  a 
citizen  of  the  United  States,  or  one  who  has  declared  his  bona 
fide  intention  of  becoming  such,  21  years  of  age,  and  of  good 
moral  character. 

Application — Certificate — Examination — Fee. 

Written  application  must  be  addres-ed  to  the  clerk  of  the 
Supreme  Court,  H.  W.  Griffith,  Salt  Lake  City,  and  must  be 
accompanied  by  the  certificates  of  two  members  of  the  bar  that 
the  applicant  is  of  good  moral  character.  Such  application 
shall  also  set  forth  the  name,  age,  residence  of  the  applicant 
and  duration  of  the  period  of  preparatory  study.  The  state- 
ments of  the  application  and  the  legal  attainments  of  the  can- 
didate shall  be  thoroughly  investigated  by  the  board  of  ex- 
aminers, consisting  of  three  members  of  the  bar  appointed  by 
the  court.  If  he  passes  this  test  satisfactorily,  the  fee  of  $25 
shall  be  paid  and  the  oath  of  office  taken. 

Examinations  are  held  the  Friday  before  the  second  Mon- 
day of  February,  3.1ay,  and  October,  in  the  Supreme  Court 
Rooms,  City  and  County  BIdg.,  Salt  Lake  City. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

The  examinatioij  may  be  dispensed  with  in  the  case  of  one 
admitted  in  the  highest  court  of  another  state,  upon  proof  of 
such  admission,  when  application  is  made  in  this  state. 

*  Note. — At  the  time  of  going  to  press  on  this  pamphlet,  tlie  Leg- 
islature of  Utah  had  under  consideration  a  till  providing  for  a  change 
In  the  requirements  respecting  admission  to  the  bar.  This  bill  was 
not  acted  upon  in  time  for  this  printing,  and  it  is  suggested  that  those 
seeking  inform:;tion  as  to  the  requirements  in  Utah  write  to  the  Clerk 
of  the  Supreme  Court,  H.  W.  Crifhth,  Salt  Lake  City,  Utah. 

12  (177) 


ITS  RULES   FOR   ADMISSION   TO   THE    BAR. 

Women  may  be  Admitted. 

Women  may  be  admitted  to  practice  in  this  state. 

Source  of  Rules. 

Comp.  Laws  1908,  §§  105-110;   Sup.  Ct.  Rules. 


UTAH  DECISIONS. 

1871  to  1915. 

A  complete  set  of  Utah  Reports  (down  to  1915)  consists  of 
42  vols.  All  decisions  subsequent  to  vol.  2,  Utah,  are  reported 
in  the  Pacific  Reporter,  143  vols.  The  Utah  Code  was  adapted 
from  that  of  California,  and  the  decisions  of  that  state  are 
closely  followed.  The  Pacific  Reporter  contains  about  75 
per  cent,  of  all  California  decisions,  being  all  decisions  for  the 
last  32  years,  including  nearly  2,000  decisions  which  have  been 
omitted  from  the  State  Reports,  and  are  only  found  in  the 
Pacific.  The  set  also  contains  all  decisions  for  the  last  Z2 
years  of  Colorado,  Idaho,  Kansas,  Montana,  Nevada,  New 
Mexico,  Oregon,  Washington,  and  Wyoming,  and  all  of  Ari- 
zona and  Oklahoma.  The  tables  of  cross-citations  furnished 
with  the  Pacific  make  it  a  simple  matter  to  find  the  cases,  even 
if  cited  by  the  State  Report  page  and  volume.  Write  for  full 
information  and  price. 

West  Publishing  Co.,  St  Paul,  Minn. 


Vermont 


CitizensHip — Residence — Age — Character. 

Each  applicant  for  admission  in  this  state  shall  be  a  citizen 
of  the  state,  at  least  21  years  of  age,  and  of  good  moral  char- 
acter, which  last  shall  be  shown  by  certificate  of  three  attorneys 
of  this  court. 

Application. 

Application  must  be  filed  with  the  clerk  of  the  Supreme 
Court,  Montpelier,  Vt.,  at  least  three  days  before  the  day  of 
the  examination.  Such  application  must  contain  statements 
regarding  the  candidate's  age,  residence,  and  the  time,  place, 
and  circumstances  of  his  term  of  study,  and  the  affidavit  of  an 
attorney  of  the  court  stating  that  the  applicant  has  actually 
pursued  his  studies  as  required  by  the  rules,  and  accompanied 
also  by  the  certificates  of  three  attorneys  vouching  for  his  good 
moral  character. 

General  Education. 

The  applicant  shall  present  to  the  Board  of  Bar  Examiners 
satisfactory  proof  that  he  has  had  a  high  school  education  or 
its  equivalent.  The  Board  of  Examiners,  under  the  supervi  ion 
of  the  Chief  Judge  of  the  Supreme  Court,  shall  on  the  first 
Tuesday  of  the  October  Term  in  each  year  consider  and  pass 
upon  the  sufficiency  of  the  proof  presented  under  this  rule,  and 
make  report  thereof  and  place  the  same  on  file  in  the  office  of 
the  clerk  of  the  General  Term  of  the  Supreme  Court.  In  case 
the  proof  presented  is  satisfactory,  and  the  notice  of  com- 
mencement of  study  as  required  by  the  paragraph  below  has 
been  filed,  the  three-year  period  of  study  provided  for  by  said 
rule  shall  commence  on  the  date  of  filing  of  such  notice  and 
certificate. 

(179) 


ISO  RULES   FOR  ADMISSION  TO  THE   BAR. 

Term  of  Study. 

The  candidate  shall  have  studied  in  the  office  of  an  attorney 
of  the  Supreme  Court  within  this  state  at  least  three  years  dur- 
ing the  four  years  preceding  the  application:  Provided,  that 
the  Supreme  Court  upon  sufficient  cause  may  allow  study  for 
one  year  in  an  office  outside  the  state  as  an  equivalent  for  one 
year  of  study  in  an  office  within  the  state,  but  the  last  year  of 
study  shall  be  within  the  state :  Provided,  further,  that  any  ap- 
plicant who  shall  have  pursued  a  full  three-year  course  of  legal 
study  in  a  law  school  chartered  by  any  state  of  the  United 
States,  or  the  law  department  of  any  college  or  university  so 
chartered,  and  shall  be  graduated  therefrom,  shall  be  required 
to  study  in  a  law  office  in  this  state  at  least  six  months  within 
the  two  years  preceding  his  application. 

It  shall  be  the  duty  of  each  person  beginning  the  study  of 
law  in  this  state  to  file  with  the  clerk  of  the  Supreme  Court 
a  notice  stating  that  he  has  commenced  the  study,  and  with 
whom  and  where  he  commenced,  and  also  a  certificate  of  the 
attorney  with  whom  he  is  studying,  stating  that  he  is  so  en- 
gaged and  when  he  began.  The  three  years  study  provided 
for  by  this  rule  shall  commence  from  the  date  of  filing  such  no- 
tice and  certificate :  Provided,  that  an  applicant  who  begins  his 
study  of  the  law  in  a  law  school  and  has  graduated  therefrom, 
as  required  above,  shall  file  with  the  clerk  a  notice  stating  that 
he  has  so  commenced  or  is  about  to  commence  such  study  and 
the  attorney  with  whom  he  is  registered  as  a  law  student,  and 
the  three  years  provided  for  by  this  rule  shall  commence  from 
the  date  wdien  he  actually  enters  upon  his  studies  in  the  law 
school. 

Exaanination — Reg:ulations — Scope — Time    of    Holding. 

Examinations  are  held  by  the  Board  of  Bar  Examiners  at 
Montpelier  on  the  first  three  days  of  the  October  General 
Term.     Applicants  are  required  to  be  qualified  upon  the  fol- 


RULES   FOR  ADMISSION  TO   THE   BAR.  18 1 

lowing  subjects:  Common  Law,  Pleading  and  Practice,  Evi- 
dence, Domestic  Relations,  Personal  Property,  Contracts  (in- 
cluding Sales),  Bailments,  Negotiable  Instruments,  Agency, 
Partnership,  Corporations,  Real  Property  (including  Mort- 
gages and  Landlord  and  Tenant)  Leases,  Probate  Law,  Equity 
Jurisprudence,  Pleading  and  Practice  in  Chancery,  Torts, 
Criminal  Law,  the  important  provisions  of  the  Vermont  stat- 
ute law,  especially  those  modifying  the  common  law  and  those 
relating  to  practice,  conveyancing,  and  probate,  the  Constitu- 
tion of  this  state  and  of  the  United  States,  and  Legal  Ethics. 
The  examination  shall  be  partly  written  and  partly  oral,  and 
shall  include  questions  upon  at  least  12  of  the  foregoing  topics. 

AdLmission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  admitted  to  practice  in  the  high- 
est court  of  another  state  may  be  admitted  in  this  state  with- 
out examination,  upon  proof  that  he  has  practiced  one  year  in 
such  court,  is  of  good  moral  character,  and  has  resided  six 
months  next  preceding  his  application  in  the  county  in  this 
state  from  which  his  application  is  made.  If  he  has  not  had 
one  year's  practice,  he  may  be  admitted  upon  examination  after 
six  months'  law  study  in  an  ofifice  in  this  state.  In  such  case 
he  shall  file  with  the  clerk  of  the  General  Term  of  the  Supreme 
Court  a  notice  of  commencement  of  such  study,  stating  with 
whom  and  where  such  study  has  been  pursued,  and  also  a  cer- 
tificate of  the  attorney  with  whom  he  is  studying,  stating  that 
he  is  so  engaged  and  when  he  began. 

Source  of  Rules. 

Pub.  St.  11)06,  §§  1337,  1338;  Supreme  Court  Rules  (77 
Atl.). 


182  RULES  FOR  ADMISSION   TO  THE  BAR. 

VERMONT  DECISIONS. 

1789  to  1915. 

A  complete  set  of  \'ermont  Reports  (down  to  1915)  con- 
sists of : 

N.  Chipman,  1  vol. 

D.  Chipman,  2  vols. 

Tyler,  2  vols. 

Brayton,  1  vol. 

Aikens,  2  vols. 

A^ermont,  87  vols. 
We  have  reprinted  the  Vermont  Reports,  vols.  1  to  58  and  8 
preliminaries,  annotated  them  thoroughly,  and  bound  them  in 
17  books.  Many  of  the  volumes  of  the  Vermont  Reports  cov- 
ered by  the  Atlantic  Reporter  are  out  of  print,  are  very  scarce 
and  hard  to  obtain.  The  only  convenient  method  of  obtain- 
ing the  decisions  in  these  volumes  is  through  the  Atlantic  Re- 
porter, 91  vols.,  which  contains  all  Vermont  decisions  subse- 
quent to  vol.  57.  The  set  also  contains  all  decisions  for  the  last 
30  years  of  Connecticut,  Delaware,  Maine,  Maryland,  New 
Hampshire,  New  Jersey,  Pennsylvania,  and  Rhode  Island,  in- 
cluding upward  of  3,000  decisions  which  have  been  omitted 
from  the  State  Reports.  The  tables  of  cross-citations  fur- 
nished with  the  Atlantic  make  it  a  simple  matter  to  find  the 
cases,  even  if  cited  by  the  State  Report  page  and  volume. 
Write  for  price  and  detailed  description. 

West  Publtsuing  Co.,  St.  Paul,  ISIinn. 


Virginia. 


Residence— Age^Character. 

Every  male  person  over  21  years  of  age,  applying  for  a  li- 
cense to  practice  law,  must  first  have  obtained  from  the  circuit 
court  of  the  county  or  the  corporation  court  of  the  city  where- 
in he  resides  a  certificate  that  he  is  a  person  of  honest  de- 
meanor, over  21  years  of  age,  and  has  resided  in  this  state  the 
preceding  six  months.  Application  for  such  certificate  shall 
be  in  writing,  addressed  to  the  court,  and  specifying  the  calen- 
dar day  when  the  motion  therefor  to  the  court  will  be  made, 
and  must  be  accompanied  by  the  written  recommendation  of 
two  members  of  the  bar  of  his  judicial  circuit,  who  are  prac- 
ticing attorneys  in  the  Supreme  Court  of  Appeals,  speaking 
of  their  personal  knowledge,  as  to  his  good  moral  character. 
Such  application  and  recommendation  shall  be  filed  with  the 
clerk  of  such  circuit  or  corporation  court  ten  days  before  the 
day  on  which  the  court  will  be  asked  to  grant  the  said  certifi- 
cate. 

Every  person  over  19  and  under  21  years  of  age,  applying 
for  a  license  to  practice  law,  must  obtain  a  like  certificate  as 
to  his  good  moral  character  and  residence  within  the  state  for 
the  preceding  six  months  from  the  circuit  court  of  the  county 
or  the  corporation  court  of  the  city  wherein  he  resides.  Such 
certificate  shall  also  state  that  the  applicant  is  over  19  years  of 
age,  that  he  has  studied  law  for  a  period  of  two  years  in  a  law- 
school  in  this  state  or  in  the  office  of  a  practicing  attorney  in 
this  state,  and  shall  give  the  exact  date  on  which  the  applicant 
will  attain  the  age  of  21  years. 

Application — 'When  to  be  Filed — Form  and  Contents — Fee. 

Applicant  shall  file  a  certified  copy  of  his  application,  accom- 
panied by  recommendations  and   certificates  required  by  the 

(183) 


184  RULES   FOR   ADMISSION   TO   THE   BAR. 

above  paragraph,  also  a  fee  of  $10,  with  the  secretary  of  the 
Board  of  Examiners,  M.  B.  Watts,  Richmond,  Va.,  at  least 
five  clays  prior  to  the  day  of  examination. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

The  Board  of  Examiners,  consisting  of  five  attorneys,  ap- 
pointed by  the  Governor,  shall  hold  examinations  once  in  eacii 
vear  at  the  cities  of  Richmond  and  Roanoke,  and  also  at  such 
other  times  and  places  as  said  board  may  deem  necessary. 
Such  examinations  are  required  to  be  in  writing  and  are  di- 
vided into  four  sections,  viz. :  Section  1 :  Legal  Ethics,  Evi- 
dence, Criminal  Law,  Pleading  and  Practice  (at  common  law, 
in  equity,  criminal,  and  statutory).  Section  2:  Agency,  Con- 
tracts, Domestic  Relations,  Negotiable  Paper,  Sales,  Torts. 
Section  3 :  Conflict  on  Laws,  Equity  Jurisprudence,  Partner- 
ship, Real  Property,  Wills  and  Administration.  Section  4: 
Bailments,  Carriers,  Constitutional  Law,  Corporation  Commis- 
sion, Corporations,  Insurance.  Questions  on  the  Virginia  Code 
and  the  general  principles  of  the  common  law  may  be  asked 
under  any  section.  Any  candidate  making  the  passing  mark 
(averaging  the  four  groups  together)  shall  be  passed  upon  the 
examination  as  a  whole ;  and  one  not  passing  as  a  whole, 
but  passing  on  one  or  more  of  above  groups,  shall  be  entitled 
to  credit  on  the  group  or  groups  so  passed  on  future  exam- 
inations. A  candidate  may  be  perm.itted  to  stand  upon,  and 
pass  if  he  may,  any  one  or  more  of  the  four  groups  separately. 
Applicant  may  also  be  subjected  to  an  oral  examination,  in  the 
discretion  of  the  board.  The  board  shall  certify  to  the  Su- 
preme Court  of  Appeals  a  list  of  those  applicants  who  have 
passed  the  examination,  recommending  their  admission  to  the 
bar.  Any  applicant  failing  to  pass  the  examination,  or  who 
has  passed  on  only  a  part  of  the  examination,  may,  after  six 
months,  again  apply  in  writing  addressed  to  the  secretary  of 
the  board,  setting  forth  that  he  has  diligently  pursued  the  study 


RULES   FOR   ADMISSION   TO   THE   BAR.  185 

of  law  for  six  months  prior  to  the  second  examination,  stat- 
ing the  sections  of  the  examination  on  which  he  has  already 
passed,  and  inclosing  the  fee  of  $10. 

Admission  of  Attorneys   from   Other  Jurisdictions. 

Any  person  authorized  to  practice  in  the  courts  of  another 
state  may  be  licensed  in  this  state,  without  examination,  upon 
furnishing  a  certificate  from  the  court  of  last  resort  in  such 
state  oi  territory  that  he  has  practiced  law  therein  for  three  or 
more  years  and  is  of  good  moral  character  and  a  proper  per- 
son to  be  licensed  to  practice  law.  Such  certificate  must  be 
signed  by  the  Chief  Justice  of  said  court,  whose  signature 
must  be  attested  by  the  clerk  of  said  court,  and  under  the  seal 
thereof.  In  addition,  he  shall  furnish  a  certificate  from  two 
practicing  attorneys  in  such  state  or  territory  as  to  applicant's 
good  moral  character,  whose  signatures  shall  be  attested  by 
the  clerk  in  like  manner. 

Source  of  Rules. 

Code  1904,  §§  3191-3193;  Laws  1910,  p.  238;  Laws  1914, 
p.  96;   Rules  Board  of  Law  Examiners,  July  1,  1914. 


VIRGINIA  DECISIONS. 

1730  to  1915. 

A  complete  set  of  Virginia  Reports  (down  to  1915)  con- 
sists of: 

Washington,  2  vols. 

Virginia  Cases  (Criminal),  2  vols. 

Call,  6  vols. 

Hening  &  Munford,  4  vols. 

IMunford,  G  vols. 


186  RULES  FOB  ADMISSION   TO  THE  BAR. 

Gilmer,  1  vol. 

Randolph,  6  vols. 

Leigh,  13  vols. 

Robinson,  2  vols. 

Grattan,  33  vols. 

Virginia,  vols.  75  to  115. 

Jefferson,  1  vol. 

Wythe's  Chancery,  1  vol. 

Patton,  Jr.,  &  Heath,  2  vols. 

Virginia  Decisions,  2  vols. 

Virginia  Colonial  Decisions,  2  vols. 
All  Virginia  decisions  subsequent  to  vol.  82  are  reported  in 
the  Southeastern  Reporter,  82  vols.  This  includes  some  349 
decisions  which  have  been  omitted  from  the  State  Reports  and 
can  only  be  found  in  the  Southeastern  Reporter.  The  set  also 
contains  all  decisions  for  the  last  28  years  of  Georgia,  North 
Carolina,  South  Carolina,  and  West  Virginia,  and  costs  about 
one-fourth  as  much  as  the  corresponding  State  Reports.  The 
tables  of  cross-citations  furnished  with  the  Southeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  We  will  be  pleased  to  quote  and  fur- 
nish full  information  on  request. 

West  Publishing  Co.,  St.  Paul.  Minn 


Washington. 


Citizensliip — Residence — Age — Character. 

No  person  shall  be  admitted  to  examination  in  this  state, 
unless  he  is  a  citizen  of  the  United  States,  a  resident  of  this 
state,  21  years  of  age,  and  of  good  moral  character.  The  facts 
as  to  citizenship,  residence,  and  age  shall  be  shown  by  the 
candidate's  affidavit,  which  affidavit  shall  also  state  that  the 
applicant  intends  to  actively  engage  in  the  practice  of  law  as 
a  profession.  Proof  of  the  good  moral  character  of  the  ap- 
plicant shall  be  by  certificate  of  at  least  two  members  of  the 
bar  of  the  Supreme  Court 

Application — "SVhen  to  be  Filed — Form  and  Contents — Fee. 

Applications,  which  must  be  on  blank  forms  furnished  by 
the  clerk  of  the  Supreme  Court,  must  be  filed  with  the  clerk 
at  Olympia,  Wash.,  not  less  than  30  days  prior  to  the  date 
of  the  examination,  and  must  be  accompanied  by  all  the  proofs 
as  to  general  education,  term  of  study,  etc.,  required  by  the 
rules.  A  fee  of  $25  shall  also  accompany  each  application, 
which  sum  will  be  returned  if  the  applicant  fails  to  pass  the 
examination. 

General  Education. 

No  person  shall  be  admitted  to  the  legal  examination  unless 
he  present  to  the  court  a  certificate  from  the  State  University 
or  evidence  of  sufficient  general  education  to  admit  him  to 
the  freshman  or  higher  class  in  that  institution,  or  a  certificate 
of  graduation  from  any  member  of  the  American  Association 
of  Law  Schools.  Applicants  not  offering  proof  in  one  or 
other  of  the  above  methods  will  be  examined  by  the  board 
of  examiners  as  to  their  general  educational  qualifications,  be- 
fore they  will  be  permitted  to  take  the  legal  examination. 

(187) 


188  RULES   FOR  ADMISSION  TO  THE   BAR. 

Term  of  Study. 

The  candidate  shall  have  studied  law  for  at  least  two  years 
in  the  office  of  a  practicing  attorney  of  the  Supreme  Court, 
or  shall  have  graduated  from  a  law  school  of  approved  stand- 
ing requiring  at  least  a  two-year  course,  either  of  which  facts 
shall  be  shown  by  affidavit  of  the  attorney  in  whose  office  he 
studied,  or  certificate  from  the  dean  or  head  of  such  law 
school.  Every  applicant  under  this  rule  must  file  with  the  clerk 
of  the  Supreme  Court,  two  months  before  the  examination,  a 
notice  containing  a  statement  as  to  the  time  he  commenced 
such  study :  Provided,  the  time  he  applies  for  admission  is  at 
least  two  years  after  the  time  named  in  such  statement. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  will  be  held  at  the  capitol  building  in  the  city 
of  Olympia  on  the  Thursday  and  Friday  after  the  second 
IMonday  of  January,  May,  and  October  of  each  year.  Such 
examinations  shall  be  held  by  a  board  of  examiners  appointed 
by  the  Supreme  Court,  and  shall  be  both  written  and  oral. 
The  written  examination  shall  cover  the  following  branches 
of  the  law :  Constitutional  Law  of  the  United  States  and  of 
the  State  of  Washington,  Equity,  Real  Property,  Personal 
Property,  Evidence,  Decedent's  Estates,  Landlord  and  Tenant, 
Mortgages,  Contracts,  Partnerships,  Corporations,  Crimes, 
Torts,  Agency,  Sales,  Negotiable  Instruments,  Domestic  Rela- 
tions, Common-Law  Pleading  and  Practice,  Admiralty,  Fed- 
eral Practice,  Court  Practice  of  this  State,  Statutory  Interpre- 
tation, Conflict  of  Law,  Professional  Ethics,  Federal  Judicia- 
ry, Bankruptcy,  the  Statutes  and  Decisions  of  this  State,  and 
the  History  and  Development  of  the  Law.  The  two  last- 
named  subjects  may  be  included  in  a  general  way  in  the  other 
subjects  above  named.  The  board  shall  report  to  the  Supreme 
Court  its  opinion  of  the  abilities  of  the  candidate,  and  the 


RULES   FOR  ADMISSION  TO  THE   BAR.  189 

court  shall  grant  a  license  and  administer  the  oath  if  the  can- 
didate is  deemed  capable. 

Admission  of  Attorneys  from   Other  Jurisdictions. 

A  member  in  good  standing  of  the  bar  of  another  state,  who 
has  taken  up  his  residence  in  this  state,  and  who  was  entitled 
to  practice  in  the  highest  court  of  record  of  the  state  from 
which  he  came  for  at  least  two  years  immediately  preceding 
his  application,  may,  in  the  discretion  of  the  court,  be  ad- 
mitted on  motion  for  one  year,  at  the  end  of  which  period, 
upon  request  of  the  applicant  and  in  the  absence  of  sufficient 
cause  shown  to  the  contrary,  a  general  order  of  admission  will 
be  entered.  The  application  must  be  on  blank  forms  fur- 
nished by  the  clerk  of  the  Supreme  Court  and  must  be  accom- 
panied by  the  applicant's  personal  affidavit  as  to  the  facts  ot 
his  citizenship,  age,  residence,  previous  admission,  and  in- 
tention to  practice  law ;  also  the  certificate  of  two  members 
of  the  bar  of  this  state  as  to  his  moral  character.  A  fee  of 
$25  shall  accompany  the  application.  Personal  appearance 
by  attorney  is  not  necessary. 

Admission  on  Diploma. 

Graduates  of  the  law  department  of  the  State  University 
shall  be  admitted  without  examination,  upon  the  production  of 
their  diplomas  and  satisfactory  evidence  that  they  are  citizens 
of  the  United  States,  of  full  age,  and  of  good  moral  character. 
Applications  under  this  rule  must  be  made  on  the  forms  pre- 
scribed for  other  applicants.  The  fee  for  admission  will  be 
$25. 

Miscenaneous. 

Any  person  residing  in  this  state,  who  has  been  admitted  to 
practice  in  any  of  the  superior  courts  of  this  state,  shall  be  en- 
titled to  practice  in  the  Supreme  Court  on  proof  of  such  admis- 
sion, together  with  his  own  affidavit  that  he  is  not  under  judg- 


190  RULES   FOB  ADMISSION   TO   THE   BAR. 

ment  of  disbarment  or  suspension  of  any  court.  The  fee  for 
the  said  admission  will  be  $25. 

Attorneys  living  in  other  states  may  practice  in  the  courts 
of  this  state  on  the  same  terms  and  conditions  as  attorneys  of 
this  state  are  permitted  to  practice  in  the  courts  of  their  re- 
spective states. 

No  person  shall  be  excluded  from  acting  as  an  attorney  by 
reason  of  sex. 

Sonrce  of  Rules. 

Remington  &  Ballinger's  Code,  §§  119-128 ;  Laws  1909,  c. 
139,  as  amended  by  Laws  1911,  c.  48;  Rules  Supreme  Court. 


WASHINGTON  DECISIONS. 

1854  to  1915. 

A  complete  set  of  Washington  Reports  (down  to  1915)  con- 
sists of : 

Washington  Territorial,  3  vols.,  1854-1888. 
Washington  State,  79  vols.,  1889-1915. 

All  decisions  of  Washington  subsequent  to  vol.  1,  Territorial, 
are  reported  in  Pacific  Reporter,  143  vols.  The  Washington 
Code  was  adapted  from  that  of  California,  and  the  decisions  of 
that  state  are  therefore  followed  closely  by  the  Washington 
courts.  The  Pacific  Reporter  contains  all  decisions  of  Califor- 
nia for  the  last  32  years,  representing  about  75  per  cent,  of  all 
decisions,  and  including  nearly  2,000  that  have  been  omitted 
from  the  State  Reports  and  can  only  be  found  in  the  Pacific. 
The  set  also  contains  all  decisions  of  Colorado,  Idaho,  Kansas, 
Montana,  Nevada,  New  Mexico,  Oregon,  Utah,  and  Wyoming 


RULES   FOR  ADMISSION   TO   THE   BAR.  191 

for  the  last  32  years,  and  all  of  Arizona  and  Oklahoma,  and 
costs  about  one-sixth  as  much  as  the  corresponding  State  Re- 
ports. The  tables  oi  cross-citations  furnished  with  the  Pa- 
cific make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  Pacific  is  usually  re- 
garded as  indispensable  in  Washington.  We  will  be  pleased  to 
quote  prices,  and  furnish  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


West  Virginia. 


Citizensliip — Residence — Age — Character. 

Any  person  applying  for  license  to  practice  in  this  state  must 
appear  before  and  prove  to  the  satisfaction  of  the  county  court 
of  the  county  in  which  he  had  resided  for  the  last  preceding 
year  that  he  has  been  a  resident  of  such  county  during  that 
period,  that  he  is  21  years  of  age,  and  of  good  moral  character. 
Upon  such  proof  being  made,  the  court  shall  make  and  enter 
an  order  on  its  record  accordingly. 

Term  of  Study. 

Before  admission  to  examination  the  candidate  shall  present 
satisfactory  evidence  that  he  has  studied  law  for  two  succes- 
sive years  next  preceding  the  application,  either  in  a  law  school, 
law  office,  or  privately. 

£sainination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  Morgantown,  W.  Va.,  on  the  fol- 
lowing named  dates :  First  Wednesday,  Thursday,  and  Friday 
after  New  Year's  Day ;  second  Wednesday,  Thursday,  and 
Friday  in  June.  These  dates  are  subject  to  change  from  time 
to  time.  Information  as  to  the  exact  dates  may  be  obtained 
by  addressing  Dean  Henry  Craig  Jones,  Morgantown,  W.  Va. 
Such  examinations  are  under  the  direction  of  the  professors 
of  law  of  the  universities  of  West  Virginia,  who  have  been 
constituted  a  commission  for  that  purpose  by  the  Supreme 
Court  of  Appeals,  and  shall  comprise  written  questions  upon 
the  subjects  of  Agency,  Bailments  and  Carriers,  Common- 
Law  Pleading,  Constitutional  Law,  Contracts,  Corporations. 
Criminal  Law,  Criminal  Procedure,  Domestic  Relations,  Eq- 
uity Jurisprudence,  Equity  Pleading,  Evidence,  Insurance,  Ne- 
gotiable Instruments,  Partnership,  Real  Property,  Sales,  Sure- 

(192) 


RULES   FOR   ADMISSION   TO   THE   BAR. 


193 


tyship,  Torts,  and  Wills.  To  those  who  successfully  pass 
the  exammation,  the  law  faculty  issues  a  certificate  of  ex- 
amination, which,  when  presented  to  the  Supreme  Court  of 
Appeals,  together  with  a  certified  copy  of  the  order  of  the 
county  court,  mentioned  elsewhere  in  these  rules,  entitles  the 
holder  to  a  license  to  practice  law  in  the  courts  of  this  state. 
If  the  applicant  fails  to  pass  the  examination,  he  is  given  credit 
for  the  branches  he  completes  successfully,  and  may  pass  the 
remaining  branches  at  any  future  examination.  An  examina- 
tion fee  of  $5  and  a  fee  of  $2.50  for  license  are  required. 

Admission  of  Attorneys   from   Other  Jurisdictions. 

Attorneys  practicing  in  courts  of  record  of  another  state 
or  territory  or  in  the  District  of  Columbia  may  practice  as  such 
in  the  courts  of  this  state,  upon  producing  satisfactory  evi- 
dence of  such  previous  admission;  but  this  rule  shall  not  be 
construed  to  admit  any  one  to  practice  in  this  state  on  a  license 
granted  by  another  state,  who  resides  or  intends  to  make  his 
residence  in  this  state  at  the  time  he  makes  application  for  the 
license  to  practice  in  such  other  state  or  territory. 

Admission  on  Diploma. 

Any  person  who  shall  produce  a  duly  certified  copy  of  an 
order  of  the  county  court  as  mentioned  in  the  first  paragraph 
of  these  rules,  together  with  a  diploma  from  the  law  school  of 
the  West  Virginia  University,  shall  be  admitted  to  practice  in 
any  and  all  courts  of  this  state  without  further  examination. 

Miscellaneous. 

It  is  not  necessary  to  appear  in  person  in  order  to  have  a 
law  license  issued.  It  is  necessary  to  appear  in  court  and  take 
the  prescribed  oath  upon  being  admitted  to  practice. 

Source  of  Rules. 

Code  1913,  c.   119;    Order  of  Supreme  Court  of  Appeals, 
June  16,  1897;   Rules  Law  Faculty  of  State  University. 
13 


194  RULES   FOR  ADMISSION  TO  THE   BAR. 

WEST  VIRGINIA  DECISIONS. 

1863  to  1915. 

A  complete  set  of  West  Virginia  Reports  (down  to  1915) 
consists  of  72  vols.  All  decisions  subsequent  to  vol.  28  West 
Virginia  are  reported  in  the  Southeastern  Reporter,  82  vols. 
The  set  also  contains  all  decisions  of  the  parent  state  (Virginia) 
for  the  past  28  years,  including  some  349  cases  that  have  been 
omitted  from  the  State  Reports  and  can  only  be  found  in  the 
Southeastern.  It  also  contains  all  decisions  of  Georgia,  North 
Carolina,  and  South  Carolina  for  the  last  28  years.  The  tables 
of  cross-citations  furnished  with  the  Southeastern  make  it  a 
simple  matter  to  find  the  cases,  even  if  cited  by  the  State  Re- 
port page  and  volume.    Write  for  price  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Wisconsin. 


Citizenship — Residence — Age — Character. 

Any  citizen  of  the  United  States,  or  one  who  has  declared 
his  intention,  who  is  a  resident  of  the  state,  21  years  of  age, 
and  of  good  moral  character,  shall  be  eligible  to  the  examina- 
tion for  admission  to  the  bar.  Good  moral  character  of  the 
applicant  must  be  shown  by  the  production  of  the  certificate 
of  two  lawyers  practicing  in  the  county  in  which  the  applicant 
resides,  or  of  the  judge  of  the  circuit  or  county  court  of  such 
county. 

Application — When  to  be  Filed. 

Application,  together  with  the  credentials  required  by  the 
rules,  must  be  filed  with  the  secretary  of  the  Board  of  Examin- 
ers, L.  J.  Rusk,  Chippewa  Falls,  at  least  30  days  before  exami- 
nation day. 

General  Education. 

Every  person  otherwise  qualified,  who  is  a  graduate  of  the 
University,  or  of  a  college,  normal  school,  or  academy  of  this 
state,  or  of  a  free  high  school  of  this  state,  having  a  four 
years'  course  of  study,  or  of  an  approved  university,  college, 
normal  school,  academy,  or  other  school  of  another  state,  shall 
be  exempt  from  the  preliminary  examination  upon  production 
of  his  certificate  of  graduation.  Every  other  person  shall 
satisfy  the  board  that  he  has  the  general  educational  qualifica- 
tions, other  than  attendance,  required  for  graduation  from  a 
free  high  school  of  this  state  having  a  four  years'  course  of 
study.  A  certificate  from  a  superintendent  of  any  such  high 
school  or  from  such  other  person  as  may  be  designated  by 
the  board,  to  the  effect  that  applicant  has  by  examination  sat- 

(195) 


196  RULES   FOR   ADMISSION   TO   THE   BAR. 

isfactorily  established  such  general  educational  qualifications, 
shall  be  accepted  by  the  board  as  proof  thereof,  but  shall  not 
lexclude  other  methods  of  proof  satisfactory  to  tlie  board. 

Term  of  Study. 

The  applicant  shall  also  file  a  certificate  from  his  preceptor, 
or  from  the  dean  or  other  official  of  the  law  school,  stating  the 
time  in  which  said  applicant  has  pursued  the  study  of  law. 
The  applicant  must  have  studied  law  at  least  three  years  within 
the  five  years  next  preceding  the  making  of  the  application. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  in  Milwaukee  on  the  third  Tuesday 
in  January  and  in  Madison  on  the  third  Tuesday  in  July. 
Such  examinations  are  written  and  oral,  held  by  a  state 
board  consisting  of  five  members  of  the  bar,  and  shall  cover 
the  subjects  of  Agency,  Bailments  and  Carriers,  Constitutional 
Law,  Contracts,  Corporations  (including  Municipal  Corpora- 
tions), Criminal  Law,  Courts  and  their  jurisdiction,  Domestic 
Relations  (including  Marriage  and  Divorce),  Equity,  Evidence, 
Insurance,  Mortgages  and  other  liens.  Negotiable  Instruments, 
Partnership,  Pleading  and  Practice,  Probate  Law  (including 
Wills,  Administration,  and  Descent  and  Distribution),  Real 
Property,  Sales,  Torts,  Trusts.  The  examination  may  cover 
the  common-law  rules  on  the  foregoing  subjects  and  the  stat- 
utory modifications  thereof  in  Wisconsin.  Every  applicant 
whose  average  markings  shall  be  '75  per  cent,  on  a  basis  of 
100  per  cent,  shall  be  entitled  to  the  certificate  of  the  board, 
which  will  entitle  him  to  a  license  upon  presentation  to  the 
Supreme  Court.  An  applicant  who  fails  in  three  successive 
examinations  shall  not  be  permitted  to  take  another  examina- 
tion within  one  year  from  his  last  examination  without  the 
consent  of  the  board. 


RULES   FOR  ADMISSION  TO  THE   BAR.  197 

Admission  of  Attorneys  from  Oilier  Jurisdictions. 

Residents  of  the  state  who  have  been  admitted  to  practice 
in  the  highest  court  of  any  other  state  or  territory  may  be 
admitted  to  practice  by  the  Supreme  Court  upon  the  produc- 
tion of  their  certificates  of  admission  and  upon  proof  of  good 
moral  character  and  that  they  have  engaged  in  actual  practice 
in  such  other  state  or  territory  for  at  least  five  years  within 
the  last  eight  years  prior  to  making  application.  A  certificate 
of  a  judge  of  any  court  of  record,  having  knowledge  of  the 
facts,  under  the  seal  of  said  court,  shall  be  deemed  sufficient 
proof  of  such  practice. 

Admission  on  Diploma. 

Any  resident  graduate  of  the  law  department  of  the  State 
University  will  be  admitted  to  all  of  the  courts  in  this  state 
upon  presentation  of  his  diploma. 

Miscellaneous. 

Every  person  commencing  the  study  of  law  in  an  attorney's 
office  or  at  a  law^  school  within  the  state,  with  a  view  to  apply- 
ing for  examination,  is  requested  to  file  with  the  secretary  of 
the  board  a  signed  statement  giving  his  name,  address,  and 
date  when  his  period  of  study  commenced.  This  statement 
must  be  certified  to  by  the  attorney  under  whose  tuition  the 
student  is  pursuing  his  studies,  or  by  the  principal  or  proper 
officer  of  the  law  school,  as  the  case  may  be,  and  the  time  of 
such  period  of  study  shall  commence  with  the  filing  of  the 
notice.  No  person  shall  be  denied  license  to  practice  on  ac- 
count of  sex. 

Source  of  Rules. 

Statutes  of  Wisconsin,  §  2586,  as  amended  by  Laws  1903, 
ch.  19,  and  Laws  1911,  ch.  196;  Rules  of  Supreme  Court; 
Rules  of  Board  of  Examiners. 


198  RULES   FOR  ADMISSION   TO  THE   BAR. 

WISCONSIN  DECISIONS. 

1839  to  1915. 

A  complete  set  of  Wisconsin  Reports  (down  to  1915)  con- 
sists of : 

Finney,  3  vols.,  1839-1853. 
Wisconsin,  157  vols.,  1853-1915. 

The  Northwestern  Reporter,  148  vols.,  contains  all  Wiscon- 
sin decisions  from  and  including  vol.  46.  This  represents 
about  70  per  cent,  of  all  the  decisions  of  the  state.  The  North- 
western also  contains  all  decisions  for  the  last  36  years  of  Iowa, 
Michigan,  Minnesota,  and  Nebraska,  and  all  of  Dakota  Terri- 
tory and  North  and  South  Dakota.  The  tables  of  cross-cita- 
tions furnished  with  the  Northwestern  make  it  a  simple  matter 
to  find  the  cases,  even  if  cited  by  the  State  Report  page  and 
volume.  The  set  occupies  less  than  one-third  of  the  shelf  room 
of  the  corresponding  State  Reports,  and  costs  about  one-fourth 
as  much.     Write  for  price  and  full  description. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Wyoming. 


Citizenship — Residence— Age — Character; 

No  one  shall  be  admitted  to  practice  in  this  state  who  is  not 
a  citizen  of  the  United  States,  a  resident  of  this  state,  31  years 
of  age,  and  of  good  moral  character,  which  last  shall  be  cer- 
tified by  a  member  of  the  bar  of  this  court  or  a  judge  of  this 
state. 

Application. 

The  petition,  verified  by  oath  of  the  applicant,  shall  be  di- 
rected to  the  Clerk  of  the  Supreme  Court,  Cheyenne,  Wyo., 
and  shall  be  referred  to  the  State  Board  of  Law  Examiners. 
Such  petition  shall  contain  statements  as  to  applicant's  full 
name,  place  and  date  of  birth,  and,  if  foreign  born,  the  facts 
showing  that  he  is  a  citizen  of  the  United  States,  the  places  and 
periods  of  residence  and  occupation  during  the  last  preced- 
ing five  years,  and  names  and  addresses  of  five  persons  ac- 
quainted with  the  applicant  during  said  period.  The  petition 
shall  also  contain  statements  as  to  petitioner's  educational  ad- 
vantages, exclusive  of  legal  studies,  where,  when,  for  how  long, 
and  under  whose  supervision  legal  studies  have  been  pursued, 
and  the  works  read  in  the  course  of  such  legal  studies.  The 
petitioner  shall  also  state  the  place  at  which  he  prefers  to  be 
examined,  and,  if  at  some  place  other  than  the  capital,  the  rea- 
son therefor.  Application  must  be  accompanied  by  a  fee  of 
$15,  which  shall  entitle  the  candidate  to  two  examinations, 
and  no  more ;  the  second  being  applied  for  not  later  than  one 
year  after  the  first. 

General  Education. 

Although  no  certain  degree  of  preHminar\^  education  is  re- 
quired, the  rules  direct  that  the  applicant  shall  state  in  his  pe- 
tition the  extent  of  the  same. 

(199) 


200  RULES   FOR  ADMISSION  TO   THE   BAR. 

Term  of  Study. 

The  candidate  sliall  have  studied  law  at  least  three  years, 
either  in  or  under  the  supervision  of  a  law  school  in  the  United 
States,  or  under  the  supervision  of  a  practicing  attorney  or 
judge  of  this  state,  or  partly  under  one  system  and  partly  un- 
der the  other;  and  the  petition  shall  show  where  and  with 
whom  such  legal  studies  have  been  pursued  and  the  works  read 
in  the  course  of  study. 

Examination — Regulations — Scope — Time  and  Place  of  Holding. 

Examinations  are  held  at  the  capital  on  the  second  day  of 
each  regular  term  of  the  Supreme  Court,  and  at  such  other 
times  as  may  be  deemed  necessary  by  the  Board  of  Ex- 
aminers, consisting  of  five  members  of  the  bar.  Such  examina- 
tions shall  be  upon  written  questions  prepared  by  said  board, 
and  may  be  conducted  by  one  or  more  examiners,  or  the  dis- 
trict judge  in  the  district  or  county  of  applicant's  residence,  or 
some  person  selected  by  the  board.  The  questions  and  answers 
shall  be  returned  to  the  board,  who  shall  report  its  findings 
thereon  to  the  Supreme  Court.  If  the  petitioner's  abilities  are 
sufficient,  a  license  shall  be  awarded  by  the  court,  and  the  oath 
of  attorney  administered. 

Admissions  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  regularly  admitted  to  practice  in 
the  highest  court  of  another  state  or  territory  may,  in  the  dis- 
cretion of  the  court,  be  admitted  in  this  state  without  examina- 
tion on  proof  of  such  admission  and  good  moral  character, 
which  last  shall  be  certified  to  by  a  judge  or  two  or  more  at- 
torneys for  such  other  state  or  territory,  or  a  member  of  the 
bar  of  this  state.  The  petition  shall  show  the  place  or  places 
where  applicant  has  practiced  law  in  such  other  state  and  the 
period  of  practice  in  each  place ;  whether  applicant  has  been 
admitted  in  more  than  one  state  or  territory,  and,  if  so,  the 
name  of  each  state  or  territory,  together  with  the  dates  of  ad- 


RULES   FOR  ADMISSION   TO   THE   BAR.  201 

mission  as  near  as  possible ;  also  the  period  of  practice  and 
places  of  residence  in  each  such  state  or  territory.  The  peti- 
tion must  also  be  accompanied  by  the  names  and  addresses  of 
five  persons,  preferably  judges  or  members  of  the  bar,  of  such 
other  state  or  territory.    The  admission  fee  is  $10. 

Miscellaneous. 

Whenever  it  is  made  to  appear  to  the  satisfaction  of  the 
court  that  it  will  be  a  hardship,  owing  to  distance,  expense,  or 
otherwise,  for  applicant  to  attend  upon  a  session  of  the  board 
at  the  capital,  the  examination  may  be  conducted  in  the  district 
or  county  where  the  applicant  resides,  by  the  district  judge  or 
some  other  competent  person  to  be  selected  by  the  board. 

Source  of  Rules. 

Comp.  St.  1910,  §§  956-965 ;   Rules  Supreme  Court. 


WYOMING  DECISIONS. 

1870  to  1915. 

A  complete  set  of  Wyoming  Reports  (down  to  1915)  con- 
sists of  20  vols.  All  decisions  of  Wyoming  subsequent  to  vol. 
2  are  reported  in  the  Pacific  Reporter,  143  vols.  The  set  also 
contains  all  decisions  for  the  last  32  years  of  California,  Col- 
orado, Idaho,  Kansas,  Montana,  Nevada,  New  Mexico,  Ore- 
gon, Utah,  and  Washington,  and  all  of  Arizona  and  Okla- 
homa. The  tables  of  cross-citations  furnished  with  the  Pacific 
make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the 
State  Report  page  and  volume.  The  set  costs  about  one-sixth 
as  much  as  the  corresponding  State  Reports.    The  limited  quan- 


:i()2  RULES   FOR  ADMISSION   TO   THE   BAR. 

tity  of  local  case  law  makes  reference  to  the  decisions  of  other 
jin-isdictions  as  precedents  necessary,  and  the  Pacific  Reporter, 
containing,  as  it  does,  the  decisions  of  the  neighboring  states, 
is  the  natural  selection.  Indeed,  the  set  is  regarded  as  a  neces- 
sity in  all  the  Western  states.     Write  for  price  and  complete 

information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


List  of  Leading  Law  Schools 
by  States. 


Alabama. 

University  of  Alabama,  Tuscaloosa,  Ala.    Two-year  course 

of  study. 

Arkansas. 

University  of  Arkansas,  Little  Rock,  Ark.  Two-year  course 
of  study. 

California. 

Leland  Stanford  University,  Stanford  University,  Cal. 
Three-year  course  of  study. 

University  of  California  School  of  Law,  Berkeley,  Cal. 
Three-year  course  of  study. 

San  Francisco  Law  School,  San  Francisco,  Cal.  Three- 
year  course  of  study. 

University  of  St.  Ignatius  Law  School,  San  Francisco,  Cal. 
Three-year  course  of  study. 

University  of  Southern  California  College  of  Law,  Los  An- 
geles, Cal.     Three-year  course  of  study. 

Southwestern  University  Law  School,  Los  Angeles,  Cal. 
Three-year  course  of  study. 

University  of  Santa  Clara  Law  School,  Santa  Clara,  Cal. 
Three-year  course  of  study, 

Colorado. 

Denver  Law  School,  Denver,  Colo.  Three-year  course  of 
study. 

University  of  Colorado,  Boulder,  Colo.  Three-year  course 
of  study. 

(203) 


204  LIST   OF   LEADING    LAW   SCHOOLS    BY   STATES. 

Connecticut. 

Yale  University  Law  School,  New  Haven,  Conn,  Three- 
year  course  of  study. 

District  of  Columbia. 

Catholic  University  of  America,  Washington,  D.  C.  Three- 
year  course  of  study. 

George  Washington  University  School  of  Law,  Washington, 
D.  C.    Three-year  course  of  study. 

Georgetown  University,  Washington,  D.  C.  Three-year 
course  of  study. 

Howard  University,  Washington,  D.  C.  Three-year  course 
of  study. 

National  University,  Washington,  D.  C.  Three-year  course 
of  study. 

Washington  College  of  Law,  Washington,  D.  C.  Three- 
year  course  of  study. 

Florida. 

Florida  University  Law  School,  Gainesville,  Fla.  Two-year 
course  of  study. 

John  B.  Stetson  University,  De  Land,  Fla.  Two-year  course 
of  study. 

Georgia. 

Atlanta  Law  School,  Atlanta,  Ga.  Two-year  course  of 
study. 

Mercer  University,  Macon,  Ga.     Two-year  course  of  study. 

University  of  Georgia,  Athens,  Ga.  Two-year  course  of 
study. 

Idaho. 

University  of  Idaho,  Moscow,  Idaho.  Three-year  course  of 
study. 


LIST   OF   LEADING   LAW   SCHOOLS   BY   STATES.  205 

Illinois. 

Chicago  Kent  College  of  Law,  Chicago,  111.  Three-year 
course  of  study. 

Chicago  Law  School,  Chicago,  111.  Three-year  course  of 
study. 

De  Paul  University  Law  School  (Illinois  College  of  Law), 
Chicago,  111.    Three-year  course  of  study. 

John  Marshall  Law  School,  Chicago,  111.  Three-year  course 
of  study. 

Hamilton  College  of  Law,  Chicago,  111.  Three-year  course 
of  study. 

Loyola  University  Department  of  Law,  Chicago,  111. 
Three-year  course  of  study. 

McKinley  University  Law  School,  Chicago,  111.  Three-year 
course  of  study. 

Northwestern  University  Law  School,  Chicago,  111.  Three- 
year  course  of  study. 

University  of  Chicago  Law  School,  Chicago,  111.  Three- 
year  course  of  study. 

Webster  College  of  Law,  Chicago,  111.  Three-year  course 
of  study. 

Illinois  Wesleyan  University,  Bloomington,  111.  Three- 
year  course  of  study. 

Northern  Illinois  College  of  Law,  Dixon,  111.  Two-year 
course  of  study. 

University  of  Illinois,  Urbana,  111.  Three-year  course  of 
study. 

Indiana. 

Indiana  University,  Bloomington,  Ind.     Three-year  course 

of  study. 

Indiana  Law  School,  Indianapolis,  Ind.  Two-year  course  of 
study. 


206  LIST  OF  LEADING   LAW  SCHOOLS   BY   STATES. 

Indiana — Cont'd. 

University  of  Notre  Dame,  Notre  Dame,  Ind.  Three-year 
course  of  study. 

\'alparaiso  University  Department  of  Law,  Valparaiso,  Ind. 
Two-year  course  of  study. 

Indianapolis  College  of  Law,  Indianapolis,  Ind.  Two-year 
course  of  study. 

American  Central  Law  School,  Indianapolis,  Ind.  Two-year 
course  of  study. 

Iowa. 

Drake  University  College  of  Law,  Des  Moines,  Iowa. 
Three-year  course  of  study. 

State  University  of  Iowa,  Iowa  City,  Iowa.  Three-year 
course  of  study. 

Kansas. 

University  of  Kansas,  Lawrence,  Kan.  Three-year  course  of 
study. 

Washburn  College  School  of  Law,  Topeka,  Kan.  Three- 
year  course  of  study. 

Kentucky. 

University  of  Louisville  Department  of  Law,  Louisville, 
Ky.    Two-year  course  of  study. 

Jefferson  School  of  Law,  Louisville,  Ky.  Two-year  course 
of  study. 

Kentucky  State  University  College  of  Law,  Lexington, 
Ky.     Three-year  course  of  study. 

Lrouisiana. 

Tulane  University,  New  Orleans,  La.    Three-year  course  of 

study. 

University   of   Louisiana   Law    School,    Baton   Rouge,   La. 

Three-year  course  of  study. 


LIST   OF   LEADING   LAW   SCHOOLS  BY   STATES.  207 

Maine. 

University  of  Maine,  Bangor,  Me.  Three-year  course  of 
study. 

Maryland. 

University  of  Maryland,  Baltimore,  Md,  Three-year  course 
of  study. 

Massachusetts. 

Boston  University,  Boston,  Mass.  Three-year  course  of 
study. 

Harvard  University,  Cambridge,  Mass.  Three-year  course 
of  study. 

Suffolk  School  of  Law,  Boston,  Mass.  Four-year  course 
of  study. 

Boston  Y.  M.  C.  A.  Law  School,  Boston,  Mass.  Four-year 
course  of  study. 

Portia  School  of  Law,  Boston,  Mass.  Four-year  course 
of  study. 

Micliisan. 

University  of  Michigan,  Ann  Arbor,  Mich.  Three-year 
course  of  study. 

Detroit  College  of  Law,  Detroit,  Mich.  Three-year  course 
of  study. 

University  of  Detroit  College  of  Law,  Detroit,  Mich. 
Three-year  course  of  study. 

Minnesota. 

St.  Paul  College  of  Law,  St.  Paul,  Minn.  Three-year  course 
of  study. 

University  of  Minnesota,  Minneapolis,  Minn.  Three-year 
course  of  study.  - 

Northwestern  College  of  Law,  Minneapolis,  Minn.  Three- 
year  course  of  study. 

Minnesota  College  of  Law,  Minneapolis,  Minn.  Three- 
year  course  of  study. 


208  LIST   OF   LEADING   LAW   SCHOOLS   BY   STATES. 

Mississippi. 

University  of  Mississippi,  University  P.  O.,  Miss.  Two- 
year  course  of  study. 

Millsaps  College  of  Law,  Jackson,  Miss.  Two-year  course 
of  study. 

Missouri. 

University  of  Missouri,  Columbia,  Mo.  Three-year  course 
of  study. 

Kansas  City  Law  School,  Kansas  City,  Mo.  Three-year 
course  of  study. 

Benton  College  of  Law,  St.  Louis,  Mo.  Three-year  course 
of  study. 

Washington  University  Law  School  (St.  Louis  Law  School), 
St.  Louis,  Mo.    Three-year  course  of  study. 

St.  Louis  University  Institute  of  Law  (St.  Louis  Univer- 
sity), St.  Louis,  Mo.     Three-year  course  of  study. 

St.  Joseph  Law  School,  St.  Joseph,  Mo.  Three-year  course 
of  study. 

Nebraska. 

University  of  Nebraska,  Lincoln,  Neb.  Three-year  course 
of  study. 

Creighton  University  College  of  Law,  Omaha,  Neb.  Three- 
year  day  course  of  study  and  four-year  night  course. 

University  of  Omaha  Law  School,  Omaha,  Neb.  Three- 
year  course  of  study. 

New   Jersey. 

New  Jersey  Law  School,  Newark,  N.  J.    Three-year  course 

of  study. 

New  York. 

New  York  Law  School,  New  York  City.  Three-year  course 
of  study. 


LIST   OF   LEADING   LAW  SCHOOLS   BY   STATES.  209 

New    York— Cont'd. 

Columbia  University,  New  York  City.  Three-year  course 
of  study. 

Brooklyn  Law  School,  Brooklyn,  N.  Y.  Three-year  course 
of  study. 

New  York  University  Law  School,  New  York  City.  Three- 
year  course  of  study. 

Fordham  University  School  of  Law,  New  York  City. 
Three-year  course  of  study. 

Albany  Law  School,  Albany,  N.  Y.  Three-year  course  of 
study. 

Buffalo  Law  School,  Buffalo,  N.  Y.  Three-year  course  of 
study. 

Cornell  University,  Ithaca,  N.  Y.  Three-year  course  of 
study. 

Syracuse  University,  Syracuse,  N,  Y.  Three-year  course  of 
study. 

North  Carolina. 

University  of  North  Carolina,  Chapel  Hill,  N.  C.  Two- 
year  course  of  study. 

Trinity  College  Law  School,  Durham,  N.  C.  Three-year 
course  of  study. 

Wake  Forest  College,  Wake  Forest,  N.  C.  Three-year 
course  of  study. 

North.  Dakota. 

University  of  North  Dakota,  Grand  Forks,  N.  D.  Three- 
year  course  of  study. 

Ohio. 

Cleveland  Law  School  of  Baldwin  University,  Cleveland, 
Ohio.    Three-year  course  of  study. 

Western  Reserve  University  Law  School,  Cleveland,  Ohio. 
Three-year  course  of  study. 
14 


210  LIST  OF  LEADING   LAW  SCHOOLS  BY   STATES. 

Ohio — Cont'd. 

Ohio  State  University,  Columbus,  Ohio.  Three-year  course 
of  study. 

Cincinnati  Law  School,  Cincinnati,  Ohio.  Three-year 
course  of  study. 

Y.  j\I.  C.  A.  Law  School,  Cincinnati,  Ohio.  Three-year 
course  of  study. 

Ohio  Northern  University,  Ada,  Ohio.  Three-year  course 
of  study. 

Lebanon  University  Law  School,  Lebanon,  Ohio.  Three- 
year  course  of  study. 

Toledo  Law  School,  Toledo,  Ohio.  Three-year  course  of 
study. 

Oklahoxaa. 

University  of  Oklahoma  Law  School,  Norman,  Okl.  Three- 
year  course  of  study. 

Oregon. 

L'niversity  of  Oregon  Law  School,  Portland,  Or.  Three- 
year  course  of  study. 

Pennsylvania. 

L'niversity  of  Pennsylvania,  Philadelphia,  Pa.  Three-year 
course  of  study. 

Philadelphia  Law  School,  Philadelphia,  Pa.  Four-year 
course  of  study. 

Dickinson  College  of  Law,  Carlisle,  Pa.  Three-year  course 
of  study. 

Pittsburg  Law  School,  Pittsburg,  Pa.  Three-year  course  of 
study. 

South    Carolina. 

University  of  South  Carolina  Law  School,  Columbia,  S.  C. 
Three-year  course  of  study. 


LIST   OF   LEADING   LAW   SCHOOLS   BY   STATES.  211 

South  Dakota. 

University  of  South  Dakota,  Vermillion,  S.  D.  Three- 
year  course  of  study. 

Tennessee. 

University  of  Tennessee,  Knoxville,  Tenn.  Three-year 
course  of  study. 

Vanderbilt  University,  Nashville,  Tenn.  Three-yc;  course 
of  study. 

Cumberland  University,  Lebanon,  Tenn.  One-year  course 
of  study. 

Chattanooga  Law  School,  Chattanooga,  Tenn.  Two-year 
course  of  study. 

Texas. 

University  of  Texas,  Austin,  Tex.     Three-year  course  of 

study. 

Virginia. 

University  of  Virginia.  Charlottesville,  Va.  Three-year 
course  of  study. 

Washington  and  Lee  University,  Lexington,  Va.  Two-year 
course  of  study. 

Richmond  College,  Richmond,  Va.  Two-year  course  of 
study, 

'Washington. 

LTniversity  of  Washington,  Seattle,  Wash.  Three-year 
course  of  study. 

West  Virginia. 

University  of  West  Virginia,  Morgantown,  W.  Va.     Three- 

vear  course  of  studv. 


212  LIST   OF   LEADING   LAW   SCHOOLS   BY    STATES. 

Wisconsin. 

University  of  Wisconsin  Law  School,  Madison,  Wis. 
Three-year  course  of  study. 

I^Iarquette  University  Law  School,  Milwaukee,  Wis. 
Three-year  course  of  study. 


Reports  and  Digests  as  Needed 
in  a  Private  Law  Library. 


REPORTS  AND  REPORTERS. 

Judge  Dillon  says  in  his  work  on  the  Laws  and  Jurispru- 
dence of  England  and  America:  "The  law,  as  a  result  of  the 
ever-occurring  changes  in  the  condition  of  society  and  in  leg- 
islation, is  constantly  changing.  The  old  is,  to  a  great  extent, 
so  well  settled  and  known  as  to  have  become  elementary  and 
indisputable.  It  is  the  new  that  is  unknown,  and  needs  inter-^ 
pretation  and  definition.  And  as  between  the  old  reports  and 
the  new,  the  experience  of  every  lawyer  and  judge  is,  I  think, 
to  the  effect  that  the  new  are  the  most  useful  because  the  most 
needed." 

The  current  supreme  court  decisions  of  all  the  states  are  pub- 
lished in  two  editions.  In  each  state  the  local  reports  are  pub- 
lished as  a  local  series  under  the  auspices  of  the  state.  This 
is  commonly  known  as  the  "official  edition."  The  current  de- 
cisions of  each  state  are  also  published  in  seven  Reporters,  mak- 
ing up  the  National  Reporter  System.  In  the  Reporters  the 
cases  are  published  first  in  weekly  advance  sheets,  which  are 
afterwards  replaced  by  bound  volumes  for  permanent  use. 

In  building  up  a  library  of  reports,  three  considerations 
should  be  borne  in  mind :  To  obtain  the  books  most  useful ; 
to  buy  in  such  a  manner  that  subsequent  purchases  will  not 
duplicate  the  first;  and  to  obtain  the  books  with  the  smallest 
expenditure  possible.  The  National  Reporter  System  fulfills 
all  these  requirements.  The  National  Reporter  System  con- 
tains the  late  cases,  and  it  is  far  better  to  buy  a  set  of  the  Re- 
porter System,  and  thus  obtain  the  later  decisions  of  the  whole 
country  back  to  a  given  point,  than  to  buy  the  entire  reports  of 

(213) 


214  REPORTS  AND   DIGESTS. 

any  one  state,  the  early  volumes  of  which  contain  little  that 
has  not  been  affirmed  in  the  later  reports,  or  that  is  not  obsolete 
or  so  well  settled  as  to  be  indisputable.  The  one  exception  to 
this  rule  is  in  favor  of  the  decisions  of  one's  own  state.  The 
set  a  lawyer  first  buys  is  generally  that  containing  the  supreme 
court  decisions  of  his  own  state,  and,  as  he  wishes  to  increase 
his  library,  he  can  add  other  reports  as  he  is  prepared  to  do  so. 
If  he  wishes  the  reports  of  any  state  in  full,  he  can  buy  the 
early  volumes  to  the  date  when  their  publication  commences  in 
the  Reporter  System  at  a  material  saving  over  the  cost  of  an 
entire  set.  The  difference  in  cost  between  buying  the  official 
reports  and  obtaining  the  same  cases  in  the  Reporter  System  is 
well  illustrated  in  the  Northeastern  Reporter, 

The  Northeastern  Reporter,  volumes  1  to  106,  contains  all 
the  opinions  reported  in  524  volumes  of  the  Reports  of  Massa- 
chusetts, the  New  York  Court  of  Appeals,  Ohio,  Indiana  Su- 
preme Court,  Indiana  Appellate  Court,  and  Illinois  Supreme 
Court.  The  price  of  the  Northeastern,  volumes  1  to  106,  is 
$245.00.  The  price  of  the  corresponding  state  reports  is 
$1,231.25.  This  price  is  that  at  which  the  state  reports  are  sold 
outside  of  the  particular  state.  In  some  of  the  states  a  lower 
price  is  made  to  attorneys  within  the  state.  But  compare  this 
price  with  that  of  the  Northeastern.  The  saving  is  enough  to 
buy  a  whole  law  library  of  digests,  text-books  and  local  prac- 
tice books. 

While  the  National  Reporter  System  was  begun  in  1879 
with  the  Northwestern  and  extended  to  cover  the  entire  coun- 
try by  1887,  it  now  contains  more  than  one-half  of  the  total 
number  of  decisions  handed  down  by  the  courts  of  last  resort 
of  the  country.  This,  moreover,  is  the  later  and  therefore 
the  more  valuable  half,  as  is  demonstrated  by  the  passage 
quoted  by  Judge  Dillon  in  the  opening  paragraph  of  this  ar- 
ticle. 


REPORTS   AND   DIGESTS.  215 

For  further  information  on  this  matter  of  Reports  and  Re- 
porters send  for  our  booklet  entitled,  "A  Lawyer's  Choice  of 
Reports,"  which  we  will  be  pleased  to  send  you  with  our  com- 
pliments. 

DIGESTS  OF  REPORTS. 

Few  lawyers  beginning  the  practice  are  able  to  buy  all  of  the 
reports  which  they  would  like  to  have.  It  is  no  less  neces- 
sary, however,  to  consult  them  constantly.  The  American 
Digest  System  is  an  adequate  substitute  and  can  be  used  ef- 
fectively until  the  lawyer  is  prepared  to  increase  his  library  by 
the  addition  of  other  sets  of  reports.  A  digest  is  a  com- 
pendium, topically  arranged,  of  the  holdings  set  out  in  the 
opinions.  In  other  words,  it  is  a  boiled  down,  concentrated 
extract  of  the  opinions.  Putting  it  in  another  way :  Granting 
that  it  is  impossible  for  the  lawyer  to  have  all  of  the  reports 
of  all  the  states,  he  would  have  a  very  effective  working  library 
if  he  could  have  an  edition  of  reports  which  contained  the 
headnotes  only.  If  such  an  edition  existed  for  the  reports 
of  all  of  the  states,  and  these  headnotes  were  arranged  top- 
ically rather  than  by  cases,  he  would  have  simply  a  digest. 
This  is  what  has  been  done  in  the  case  of  the  American  Di- 
gest System.  The  Century  Digest  covers,  topically  arranged, 
all  of  the  decisions  from  1658  to  1896.  The  Decennial  Di- 
gest covers  the  decisions  from  1897  to  1906,  and  the  American 
Digest,  Key-Number  Series,  the  decisions  subsequent  to  1906. 
These  Digests  are  arranged  on  the  American  Digest  Classi- 
fication which  is  everywhere  recognized  as  the  standard,  being 
not  only  used  in  all  of  the  West  Publishing  Company's  digests 
and  indexes  but  by  the  authors  of  many  text-books  and  re- 
ports. 

With  the  American  Digest  System  the  lawyer  can  ascertain 
without  leaving  his  office  what  the  exact  holding  is  in  any  case 
to  which  he  has  been  referred.    This  is  done  through  the  Com- 


216  REPORTS   AND   DIGESTS. 

plete  Table  of  American  Cases  which  is  part  of  the  set.  If  he 
has  no  case  in  point,  but  desires  to  investigate  the  authorities 
on  the  question  at  hand,  by  consulting  the  digest  topic,  or 
through  the  Descriptive  Word  Index,  he  can  secure  a  complete 
brief  of  all  the  authorities  in  point.  After  this  preliminary 
work  of  listing  the  cases  has  been  done  he  can  then  go  to  the 
law  library  or  to  the  library  of  some  other  attorney  to  read 
those  opinions  which  bear  most  directly  on  his  case.  If  the 
lawyer  cannot  secure  access  to  any  desired  opinion  and  that 
opinion  has  been  reported  in  the  National  Reporter  System 
he  can  obtain  a  copy  from  the  publishers  for  twenty-five  cents. 
Typewritten  copies  of  decisions  prior  to  the  Reporter  System 
can  also  be  had  at  small  cost. 

The  great  advantage  of  having  the  entire  case  law  of  the 
United  States  arranged  on  a  uniform  classification  plan  is 
very  evident.  For  instance,  the  scheme  of  classification  in  the 
local  digest  of  the  State  Reports  and  of  the  indexes  in  these 
reports  is  never  the  same.  If  a  lawyer  commences  his  investi- 
gation by  examining  the  decisions  in  the  Massachusetts  Re- 
ports he  has  to  spend  some  time  in  learning  the  classification 
used  in  that  state.  If  he  next  turns  to  the  New  York  Reports 
or  a  digest  of  these  reports  he  finds  the  scheme  of  classifica- 
tion different  and  more  time  must  be  spent  in  mastering  this 
new  arrangement.  On  the  other  hand  the  classification  scheme 
of  the  American  Digest  System  is  uniform  and  the  Key-Num- 
ber System  of  uniform  section  numbers  in  the  Key-Number 
Digests  enables  him  to  turn  directly  from  one  digest  to  the 
other. 

Until  the  lawyer  can  have  in  his  office  the  reports  which 
he  needs,  the  American  Digest  System  is  the  greatest  aid  to 
using  those  to  which  he  has  access  elsewhere.  Furthermore, 
the  digest  paragraphs  are  in  themselves  so  full  that  reference 
to  the  reports  will  in  most  cases  be  found  unnecessary. 


The  Purpose  of  a  Digest 


When  the  lawyer  learns  from  his  client  the  history  of  the 
transaction  regarding  which  his  aid  is  sought,  he  usually  an- 
alyzes the  statement,  reducing  it  to  its  lowest  terms,  and  knows 
in  a  general  way  the  legal  principle  the  facts  involve.  To 
merely  recognize  a  general  principle,  however,  is  insufficient 
in  his  work  as  a  practicing  lawyer.  For  example,  suppose  the 
facts  related  involve  the  rule,  "General  appearance  waives  de- 
fect in  process."  To  know  of  this  general  rule  is  not  enough. 
He  must  know  what  acts  of  the  parties  constitute  a  general  ap- 
pearance, and  must  learn  how  courts  have  applied  the  rule  to 
like  facts.  So,  to  be  fully  equipped  to  serve  his  client,  he  must 
know  where  and  how  to  find  the  precedents  showing  such  ap- 
plication. 

A  general  rule  or  principle  of  law,  like  general  expressions 
regarding  lay  matters,  implies  nothing  certain,  nothing  specific, 
and  can  only  be  construed  generally. 

The  application  of  the  principle  to  the  facts  of  the  case  is 
generally  the  only  difficulty.  The  principle  itself  is  fixed  and 
well  understood,  while  a  small  circumstance  attending  an  act 
may  change  the  application.  So  a  knowledge  of  the  law  is  to 
a  great  degree  a  knowledge  of  precedents.  In  fact,  the  main  use 
of  authorities  or  decided  cases  is  the  recognition  of  some  prin- 
ciple and  its  application  to  the  particular  facts  involved,  which 
the  court  can  follow  out  in  deciding  the  question  before  it. 

It  is  cases  showing  the  application  of  the  legal  principle,  and 
not  the  principle  itself,  which  the  courts  of  to-day  most  de- 
mand. 

Therefore  it  is  not  in  search  for  the  principles  of  law  the 
practicing  lawyer  spends  so  much  time,  but  to  find  cases  show- 

(217) 


218  THE   PURPOSE    OF   A    DIGEST. 

ing  how  the  principles  have  been  applied  ;  and  in  his  search  for 
them  he  must  use  the  facts  as  a  guide,  because  the  application 
arises  out  of  the  facts,  and  not  vice  versa. 

Legal  publications  coming  under  the  category  of  text-books 
and  books  of  like  nature  deal  with  the  law  in  a  general  way  ana 
are  confined  largely  to  abstract  statements  of  principles,  and  to 
these  the  author  appends  citations  to  the  authorities  to  which 
he  refers;  but  it  is  impossible  to  tell,  without  reference  to  a 
Digest  or  the  authorities  themselves,  to  what  extent  or  in  what 
particular  way  the  cases  cited  support  the  proposition  in  the 
text.  Text-books  and  encyclopaedias  do  not  give  the  facts  in 
each  case,  and  therefore  cannot  show  the  particular  applica- 
tion of  the  principle  involved. 

If  the  lawyer  needs  to  refresh  his  memory  regarding  a  prin- 
ciple of  law,  however,  then  he  should  resort  to  text-books  and 
encyclopaedias  as  a  valuable  aid;  but,  if  he  desires  to  know 
how  the  principle  has  been  applied  to  particular  facts,  he 
should  resort  to  Digests,  which,  if  properly  constructed,  give 
in  concrete  form  the  essential  facts  and  show  the  application 
or  holding  of  the  court  in  each  case. 

It  does  not  suffice  the  lawyer  in  his  particular  case  to  learn : 
"The  right  to  defend  one's  self  continues  as  long  as  an  unjust 
attack."  This  principle  existed  long  before  courts  expressed 
it.  What  he  wants  to  learn  regarding  his  case  in  hand  is: 
Have  such  acts  of  parties  as  he  is  prepared  to  show  been  con- 
strued by  any  courts  to  be  "an  unjust  attack"?  Are  there  any 
precedents?  And  to  learn  this  with  certainty  he  must  resort  to 
Digests,  which  give  the  facts. 

There  have  been  nearly  3,000,000  points  of  law  decided  by 
courts  of  the  United  States.     These  have  been  collected  and 
systematically  arranged  in  412  digest  groups,  which  are  well 
known  subjects  in  law.     Ordinarily,  to  determine  the  particu- 
lar subject  where  a  desired  point  of  law  has  been  placed  is  easy 


THE   PURPOSE   OF   A   DIGEST.  219 

or  not,  according  as  the  searcher  happens  to  reason  from  the 
same  point  of  view  as  the  editor  or  author  who  places  it ;  and 
this  is  necessarily  so  when  using  either  digests,  encyclopaedias, 
or  text-books.  The  following  pages  show  how  this  difficulty 
is  materially  lessened  by  using  the  Descriptive  Word  Index, 
which  points  the  searcher  to  the  particular  subject  or  topic  in 
which  the  case  in  point  is  placed,  and  aids  him  in  getting  a 
start,  by  merely  using  words  descriptive  of  the  facts  in  his 
case. 

DESCRIPTIVE  WORD  INDEX. 

The  Descriptive  Word  Index  is  a  compilation  of  titles,  un- 
der which  are  references  directing  the  reader  to  the  various 
topics  and  sections  in  the  Decennial  Digest.  These  titles  are 
words  descriptive  of  essential  facts  which  have  constituted  the 
several  elements  of  the  right  of  action  or  defense  in  decided 
cases.  Many  of  these  titles  are  words  that  describe  the  names 
of  persons,  places,  and  physical  things  which  have  been  the 
subject  of  dispute.  Some  of  them  are  words  that  describe  a 
question  of  law  or  of  fact  not  directly  involving  any  particular 
person  or  thing,  but  going  to  particular  questions  of  law  and 
procedure  which  have  been  the  subjects  of  dispute,  and  some 
of  these  titles  are  words  that  describe  a  constitutional  provi- 
sion, a  legislative  act,  or  a  legal  doctrine  which  has  been  the 
subject  of  dispute. 

The  Descriptive  Word  Index  will  aid  the  searcher  when  he 
finds  difficulty  in  getting  a  start  toward  finding  authorities  in 
point. 

When  used  in  connection  with  Key-Number  Digests,  it  aids 
in  locating  the  topic  and  section  where  the  essential  facts  simi- 
lar to  the  facts  of  the  case  in  hand  are  digested. 

When  used  in  connection  with  cyclopedias  having  the  Amer- 


220  THE  PURPOSE   OF  A   DIGEST. 

ican  Digest  Classification,  it  aids  in  locating  the  topic  (not  the 
section)  where  the  general  rule  involving  such  facts  is  stated. 

In  addition  to  the  many  thousand  cross-reference  titles,  and 
the  several  hundred  thousand  cross-reference  lines  thereunder, 
the  Descriptive  Word  Index  includes  every  subject  or  topic 
title  used  in  Key-Number  Digests  and  every  section  line  under 
such  titles. 

The  arrangement  of  the  section  lines  under  the  titles  in  the 
Index,  however,  is  alphabetical,  instead  of  analytical,  as  in  the 
Digest.  Containing  all  such  titles  and  lines,  therefore,  it  can 
be  used  as  a  complete  index  to  all  cases  in  the  Decennial  Di- 
gest, without  regard  to  the  general  digest  classification. 

There  are  times,  also,  when  those  familiar  with  the  classifi- 
cation of  the  American  Digest  System,  and  able  analytically  to 
determine  the  topic  under  which  their  desired  authorities  fall, 
will  get  material  help  from  the  Descriptive  Word  Index,  where 
the  topic  to  be  examined  contains  a  great  many  cases  and  the 
analysis  is  correspondingly  long. 

E.  g. :  "In  an  action  by  a  corporation  against  its  officers  to 
recover  profits,"  you  desire  authorities. 

You  are  morally  sure  they  are  to  be  found  under  the  topic 
Corporations  but  just  where  requires  time  to  search,  and  in 
such  a  live  topic  the  number  of  varied  cases  necessitates  a 
rather  long  analysis ;  hence,  if  pressed  for  time,  turn  to  the 
cross-reference  title  Profits  in  the  Descriptive  Word  Index, 
and  under  it  will  be  indicated  the  exact  section,  to  wit,  319  (1), 
topic  Corporations  where  such  cases  are  placed. 


The  National  Ref)orter 

Contains  all  fke  decisions  or  every 
reaeral  court  ana  every  ^ate  court 
or  last  resort  since  tne  system  was 
estaDlisnea 

By  ftie  ADVANCE  SHEETS 

{lie  Rej[)orters  make  all  current 
decisions  available  to  tne  t)roression 
witkm  about  thirty  days  after 
tney  are   handed  down. 

The  American  Dige^ 

Digests  every  t)Oint  of  law  decided 
in  every  American  case  since  1659. 

The  xCey-JNumDer 

Is  tlie  connecting  link  wnicn  binds 
tke  Ret)orter  System  indissolubly 
to  me  Digest  System. 


We^   PuUisking  Co.         St.    Paul 

C7838-11  (221) 


A  Key-Number  Guide  to 
all  the  Authorities. 


^^^^m> 


A  new  device  which  effectually  and  finally 
solves  the  "case  law  problem." 

Original — Exclusive — Revolutionary 

Your  The  practitioner's  case  law  problem,  which  is 

problem,  always  with  him,  is  to  find  from  the  700,000  re- 
ported cases  the  authorities  directly  applicable  to 
the  particular  legal  questions  in  hand. 

Qy^  The  case  law  problem  for  the  law  publisher  is 

problem,  to  help  the  practitioner  to  find  these  few  author- 
ities from  the  many,  most  readily,  most  easily, 
and  most  exhaustively. 

Both  problems  are  now  solved  by  a  new  device 
we  have  worked  out  for  making  the  wealth  of  the 
American  Digest  System  available  in  connection 
with  the  Reporter  System,  producing  what  is  in 
effect  a  system  of  universal  and  specific  annota- 
tions. 

Now  This  scheme  was  never  possible  before,  because 

first      the  material  was  not  available  until  the  American 
possible.    DigQQt  System  was  perfected. 

C<J786c  V22-2) 


The 
future 
cases. 


In  the  American  Digest  System,  the  points  of 
law  in  the  700,000  reported  cases  are  extracted, 
carefully  formulated,  and  arranged  in  112,000 
groups,  each  one  of  which  forms,  in  effect,  a 
specific  "note"  or  collection  of  the  authorities  on 
some  particular  point  of  law. 

The  classification  followed  in  the  Digest  System 
is  now  extended  to  the  Reporter  System.  Every 
point  in  every  new  decision  is  classified  by  experts 
for  the  American  Digest  System  before  it  is  pub- 
lished in  the  Reporters.  Its  place  in  the  Di- 
gest classification  is  then  editorially  indicated 
by  the  Key-Number  section,  adopted  in  connection 
with  the  Decennial  and  the  current  American 
Digests.  This  Key-Number  Annotation  is  now 
invariably  affixed  to  every  Reporter  headnote. 

The  key  number  thus  works  backwards  and 
forwards,  making  the  American  Digest  annota- 
tions perpetual,  receiving  from  day  to  day  the 
new  authorities  as  they  come  from  the  courts,  and 
making  them  instantly  accessible  to  the  searcher 
through  the  talismanic  number. 

No  other  system  can  possibly  accomplish  this. 
No  other  form  of  annotations  made  to-day  can 
carry  with  them  an  unerring  reference  forward 
through  the  reports  and  digests  to  all  future 
cases  in  point. 

C67Sob-l 

(223) 


Since  these  ''Universal  Annotations"  cover  all 
points  of  law  and  include  all  the  authorities,  past, 
present  and  future,  the  only  remaining  question  is 
how  to  find  the  annotations  which  are  desired  at 
any  given  time  out  of  the  112,000.  This  is  accom- 
plished readily  and  effectively  in  three  ways: 

First  1.  Through  the  topical  American  Digest  classi- 

^^y-  fication  with  the  aid  of  the  cross-references,  and 
by  the  descriptive  word  method.  (A ''bill  of 
particulars"  will  be  furnished  on  request.)  By 
this  means,  the  digest  annotations  can  be 
quickly  found  by  their  subject-matter. 

2.  Through  the  Table  of  Cases  published  in  con- 
nection with  the  Decennial  Digest.  Any  single 
case  becomes  "the  key  to  all  cases  in  point."  The 
title  of  the  known  case  in  the  Table  leads  the 
searcher  directly  to  the  "section"  in  the  Century 
or  Decennial  Digest  from  which  earlier  and  later 
cases  in  point  can  be  traced  mechanically  by  fol- 
lowing the  references. 

Third  3.  Through  the  annotations  in  the  National 

way.  Reporter  System.  For  the  past  ten  years,  the 
Reporters  have  been  annotated  by  references  to 
the  Century  Digest.  From  November,  1908,  they 
have  been  annotated  with  the  key  number  of  the 
Decennial  Digest,  as  described  above.  Every  re- 
ported case  will  thus  be  directly  and  immediately 
connected  with  all  the  pertinent  annotations 
throughout  the  entire  American  Digest  System. 

C6786l>-2  (224) 


In  a  The  Reporter  System  will  henceforth  add  to 

word:  all  the  other  points  of  superiority  of  its  service 
this  supreme  advantage:  Every  point  in  every  case 
will  be  keyed  to  the  American  Digest  System, 
connected  automatically  and  immediately  by  a 
simple  and  positive  annotation  with  all  past  and 
future  decisions  on  the  same  point. 

What  All  the  authorities  classified  and  arranged  in 

more      that  great  storehouse,  the  American  Digest  Sys- 
can  be      tem. 
desired. 

Each  new  case  annotated  to  all  the  authorities 

(past  and  future)  at  the  time  it  is  reported. 

And  all  This  new  feature  is  added  to  the  Reporters 

with  no  without  increasing  the  cost  to  subscribers  by  one 

increase  cent.    We  simply  want  you  to  understand  it  and 

'"  ^0^*-  use  it. 


PUBLISHI 
St.  Paul,  Minnesota 


C6786C-3  (225) 

15 


The  Key-Number  Annotation 


LAMB  V.  W.  H.  MITCHELL  &  CO. 

(No.  5712.) 

(Court  of  Appeals  of  Georgia.     Feb.  G,  1915.) 

(Syllahus  hy  the  Court.) 
1.  Cai'riers    ©^^l.'io  —  Loss    of    Shipment  — 

Measike  of  Damages. 

if  from  the  market  value  of  a  commodity 
at  destination  the  freight  to  that  point,  added 
to  the  cost  of  converting  the  commodity  into 
cash,  be  deducted,  the  resulting  balance  will 
show  with  reasonable  certainty  the  value  of  the 
commodity  at  the  point  from  which  the  shipment 
moved. 

[Ed.  Note.— For  other  cases,  see  Carriers, 
Cent.  Dig.  §§  557-559,  599-602,  eOSVa-COiyo; 
Dec.  Dig.  <£=>1:j5.] 


■*^  That  is  the  Topic  and  Section 
under  which  we  are  going  to 
put  this  point  in  the  next  Amer- 
ican Digest 

It  is  also  where  we  have  already 
put  all  prior  cases  in  point  in 
the  Decennial 

It  is  the  Key- 
Number  Annotation 


An  Illustration  in  Miniature 


C7S3Sa-12  (226) 


National  Reporter 
System 


The  Only  Completely  Annotated  Reports  Published 

Northeastern  Reporter.  Established  1885.  Massachusetts,  New 
York,  Ohio,  Indiana,  and  Illinois 

Northwestern  Reporter.  Established  1879.  Michigan,  Wisconsin, 
Minnesota,  Iowa,  Nebraska,  North  Dakota,  and  South  Dakota 

Pacific  Reporter.  Established  1883.  California,  Oregon,  Kansas, 
Colorado,  Nevada,  Montana,  Wyoming,  Washington,  Idaho, 
Arizona,  Utah,  New  Mexico,  and  Oklahoma 

Atlantic  Reporter.  Established  1885.  Maine,  New  Hampshire, 
Vermont,  Rhode  Island,  Connecticut,  New  Jersey,  Pennsyl- 
vania, Delaware,  and  Maryland 

Southwestern  Reporter.  Established  1886.  Kentucky,  Tennes- 
see, Arkansas,  Missouri,  and  Texas 

Southeastern  Reporter.  Established  1887.  Virginia,  West  Vir- 
ginia, North  Carolina,  South  Carolina,  and  Georgia 

Southern  Reporter.  Established  1887.  Florida,  Alabama,  Miss- 
issippi, and  Louisiana 

Federal  Reporter.  Established  1880.  All  the  U.  S.  Circuit 
Courts  of  Appeals,  and  the  Circuit  and  District  Courts 

Supreme  Court  Reporter.  Established  1882.  The  Supreme 
Court  of  the  United  States 

New  York  Supplement.  All  the  decisions  of  the  Appellate  Divi- 
sion of  the  Supreme  Court  (all  departments);  also  decisions 
of  the  Trial  and  Special  Terms,  Surrogates'  Courts,  City 
Court  of  New  York,  County  Courts,  etc 

Infonnation  about  the  Reporter  covering  your  state 

Write  for  cost  of  a  yearly  subscription  and  for  price 
on  the  set  with  terms  of  payment 

West  Publishing  Co.,  St  Paul,  Minn. 

C9256-2  (227) 


As  to  the  Reporters 


"I  am  pleased  to  ^ate  that  your  work  in 
reporting  is  as  nearly  perfedl  as  human 
skill  can  make  it." 

Eppes  Tucker,  Sr. 

Lakeland,  Fla. 

"I  have  never  yet  discovered  any  error  or 
mi^ake  in  your  w^ork.  You  have  adopted 
a  splendid  sy^em." 

R.  R.  Purcell 
Helena,  Mont. 

"Your  Reporter  Sy^em  has  become  so 
universally  known  and  recognized  that  a 
law  book  which  does  not  refer  to  it  does 
not  satisfy  the  lawyer." 

I.  A.  Buckingham 

Decatur,  111. 

'I  think  your  publications  are  remarkably 
accurate.     My  observation  is  that  they  are 
really  more  so  than  the  authorized  reports. " 
A.  B.  Foster 
Troy,  Ala. 


Tht 


National  Reporter  Sy^em 


C7838-9 


(228) 


The  only  complete  presentation 
of  the  decisions  upon  any  given 
point  is  to  he  found  in  the  Ameri- 
can Digest  System 


Text-books,  notes,  encyclopedias  show 
the  law  as  it  appears  to  the  editor 
or  author 

The  digests  colled  ALL  the  decisions, 
arrange  them  systematically,  and  lay 
them  before  you  in  form  for   your  use 

That's  why  the  American  Digest  Sys- 
tem is  the  reliance  of  the  Bench  as 
well  as  the  Bar 


West  Publishing  Co.  St.  Paul,  Minn. 

C7838a-10  (^^^^ 


American  Digest  System 


Units  which  cover  the  law  of  the  entire  country 
Century  Digest  1658-1896 

From  the  earliest  times  to  the  time  of  the  Decennial  Digest 

50  volumes  $250  delivered' 

"American  Digest  Classification" 

Decennial  Digest  1897-1906 

Supplementing  the  Century  Digest 

25  volumes,  including  Table  of  American  Cases  1658-1906 
$150  delivered 

The  Original  Key-Number  Digest 
"American  Digest  Classification" 

American  Digest  ^"^sed« ''  1907  to  date 

The  only  digest  of  current  American  case  law 

$6.00  per  volume  delivered 

"American  Digest  Classification" 


Units  covering  certain  jurisdictions 


State  Digests 

*Indiana  Digest 
fKentucky  Digest 
*Kansas  Digest 
fMassachusetts  Digest 
*Michigan  Digest 
fMissouri  Digest 
*Okiahoma  Digest 
*Vermont  Digest 
tVa.-VVest  Va.  Digest 

*Key-Number  Digest 
tSupplements  are  Key-Numbered 
"American  Digest  Classification" 


Reporter  Digests 

Atlantic  Reporter  Digest 
Northeastern  Reporter  Digest 
Northwestern  Reporter  Digest 
Southeastern  Reporter  Digest 
Southwestern  Reporter  Digest 
Southern  Reporter  Digest 
Pacific  Reporter  Digest 
Federal  Reporter  Digest 
New  York  Supplement  Digest 

The  later  volumes  of  these  Digests 

are  Key-Numbered 

"American  Digest  Classification" 


West  Publishing 

C9256a-4 


Co.,  St  Paul,  Minn. 

(230) 


The  Science  of  Brief  Making 


Hon.  Horace  E.  Deemer,  of  the  Supreme  Court  of 
Iowa,  says: — 

"Brief  making  is  an  art  in  which  there  are  few  masters.  I  have 
been  amazed  at  the  helplessness  of  law  students,  and  even  of  lawyers 
when  they  go  into  a  library  to  search  for  authorities.  A  good  law- 
yer is  one  who  knows  where  to  look  for  the  law;  and  after  he  has 
found  it  knows  what  to  do  with  it.  Law  schools  should  teach  their 
students  how  to  do  these  things." 

Hon.  John  H.  Stiness,  Chief  Justice  of  the  Supreme 
Court  of  Rhode  Island,  says: — 

"  One  who  does  not  know  where  and  how  to  find  the  law  will  not 
know  the  law.  One  who  cannot  state  his  points  in  a  clear  and  order- 
ly way  will  fail  to  make  an  impression  and  to  give  the  aid  he  desires. 
Brief  making,  therefore,  is  a  most  essential  and  practical  accomplish- 
ment for  a  lawyer.  Special  instruction  in  brief  making  is  both  de- 
sirable and  important." 

The  need  of  a  text-book  serving  as  a  guide  to  students 
and  young  lawyers  in  the  investigation  of  authorities, 
showing  the  proper  way  of  using  the  decisions  and 
statutes,  explaining  the  purpose,  relative  value,  and  utility 
of  the  different  classes  of  law  books,  the  best  way  to 
search  out  what  may  be  wanted  from  the  bewildering 
mass  of  legal  publications,  and  how  to  use  the  matter  at 
hand  properly  and  effectively  in  preparing  brief  or  argu- 
ment, has  been  apparent  for  years. 

By  the  co-operation  of  a  number  of  the  best  writers 
that  could  be  secured,  each  experienced  in  his  particular 
branch  of  the  work,  it  became  possible  to  publish  a  book 
of  this  kind  that  would  be  of  practical  use  for  law 
students  and  law  school  instruction. 

(i.':;i) 


The  New  Edition  of 

Cooley's  Brief  Making  and 
the  Use  of  Law  Books 


This  book  has  been  entirely  rewritten  and  enlarged* 
The  purpose  of  the  work  is  to  give  the  lawyer,  law  clerk 
and  law  student  a  thorough  working  knowledge  of  the 
use  of  law  books,  of  how  to  analyze  and  select  authori- 
ties and  of  the  making  of  briefs.  For  this  reason  a 
"Reference  Book"  which  contains  specimen  pages  from 
every  class  of  law  books,  taken  from  all  important  legal 
publications,  and  illustrating  most  of  the  essential  points 
explained  in  the  text  of  Brief  Making,  has  been  prepared 
and  is  included  without  extra  charge  in  the  purchase 
price  of  the  work  on  Brief  Making. 

Two  volumes 

{the  second  volume  being  the  Reference  Book) 

$3.50  delivered 

631  pages,  bound  in  buckram 


West  Publishing  Co.  St  Paul  Minn. 

C3922-2  (232) 


BRIEF  MAKING  AND  THE 
USE  OF  LA  W  BOOKS 

THIRD  EDITION 

TABLE  OF  CONTENTS 

In  roduction 
{Pages  1-2) 

Part  I.     Where  to  Find  the  Law 
(Pages  3-94) 
Chap. 

1.  Introductory — Sources  and  Repositories  of  the  Law. 

2.  Books  of  Primary  Authority — Constitutions,  Treaties,  and  Statutes. 

3.  Books  of  Primary  Authority — Reports  of  Judicial  Decisions — American  Reports, 

4.  Books  of  Primary  Authority — Reports  of  Judicial  Decisions — English  Reports. 

5.  Books  of  Secondary  Authority— Text-Books,  Encylopedias,  and  Digests, 

6.  Search  Books. 

Part  II.     How  to  Find  the  Law 
(Pages  95-278) 

7.  Analysis  of  Facts — Examination  of  Statutes. 

8.  Use  of  Digests — Mechanical  Features  of  Digests. 

9.  Use  of  Digests — Finding  Cases  by  Use  of  Descriptive  Words— Use  of  "V/ords  and 

Phrases." 

10.  Use  of  Digests  for  Exhausting  Authorities. 

11.  How  to  Find  the  Law — Use  of  the  Reporters. 

12.  How  to  Find  the  Law— Use  of  Text-Books. 

13.  How  to  Find  the  Law— Use  of  Encyclopedias. 

14.  How  to  Find  the  Law — Use  of  Selected  Cases. 

15.  Selecting,  Valuing,  and  Verifying  Authorities. 

16.  Resume  of  Exhaustive  Search  for  Authorities. 

17.  Digest  Classification— Standard  Classification  Scheme— General  Rules  of  Clasification. 

18.  Digest  Classification— Standard  Classification  S. heme— Distribution  of  Matter  Among 

Related  Topics. 

Part  III.  Use  of  Dacisions  and  Statutes 
(Pages  279-349) 

19.  Authority  in  General— Imperative  and  Persuasive  Authority, 

20.  Decisions  as  Precedents— Doctrine  of  the  Case. 

21.  Decisions  as  Precedents— Dicta. 

22.  Decisions  as  Precedents— Extracting  Doctrine  of  Case— Force  of  Precedents— Stare 

Decisis. 

23.  Decisions  as  Precedents— Circumstances  Affecting  the  Weight  of  a  Decision. 

24.  Use  of  Decisions  and  Statutes— Construction  of  Statutes— Trial  Brief. 

Part  IV.     The  Trial  Brief 
(Pages  351-361) 


25.    The  Trial  Brief. 


26.    The  Brief  on  Appeal 


Part  V.     The  Brief  on  Appeal 
(Pages  363-394) 


Part  VI.    Appendix.    Index 


WEST  PUBLISHING  CO.         ST.  PAUL,  MINN. 

C3922-3  (23:5) 


A  New  Revision  of 

Bouvier's  Law  Dictionary 
and  Concise  Encyclopedia 


_f^V-_ 


A  thorough  and 
comprehensive 
revision,  with  an 
elaboration  of  the 
encyclopedic 
features,  by 
Francis  Rawle, 
the  editor  of  the 
Revisions  of 
1883  and  1897 


Three  Large  Volumes 
Bound  in  Buckram 

C:J922-4  (234) 


3,500  pages 
$19.50  Delivered 


THE  HORNBOOK  SERIES 


(235) 


The  ''Hornbook  Plan 


» ♦ 


Is  to  set  forth  the  leading  principles  in  black-letter 
(like  this). 

And  to  give  the  necessary  amplification/  explanation, 
application,  etc.,  under  the  principles,  in  type  like  this. 
The  authorities  are  grouped  in  footnotes  at  the  bottom 
of  the  page.* 

This  shows  why  these  books  are  found  so  serviceable 
as  practitioners'  handbooks.  A  lawyer  may  want  to  be 
reminded  of  the  law ;  in  that  case  he  wants  it  pre- 
sented in  such  a  way  that  he  can  pick  out  what  he  needs 
with  the  least  trouble. 

*Tlie  Hornbook  Series  now  includes  treatises  on  Agency, 
Admiralty,  Bailments,  Banks  and  Banking,  Bills  and  Notes, 
Common-Law  Pleading,  Constitutional  Law,  Contracts,  Cor- 
porations, Criminal  Law,  Criminal  Procedure,  Damages,  Ele- 
mentary Law,  Equity  .Jurisprudence,  Equity  Pleading,  Evi- 
dence, Executors  and  Administrators,  Federal  Jurisdiction  and 
Procedure,  Insurance,  International  Law,  Interpretation  of 
Laws,  Judicial  Precedents,  Mining  Law,  Municipal  Corpora- 
tions, Negligence,  Partnership,  Persons  and  Domestic  Rela- 
tions, Public  CoiTorations,  Real  Property,  Sales,  Suretyship 
and  Guaranty,  Torts,  and  Wills. 


C8301a-4  (236) 


The  Hornbook  Series. 


The  Hornbooks  form  a  series  of  separate  elementary  text- 
books on  the  principal  divisions  of  the  law,  and  are  designed 
for  the  use  of  both  the  law  student  and  the  practitioner. 
Every  volume  is  a  complete  treatise  in  itself,  and  all  are  built 
upon  the  same  general  plan,  in  which  certain  special  and 
original  features  are  made  prominent. 

These  distinguishing  features  are: 

(1)  The  black-letter  text,  in  numbered  paragraphs,  which  in 
itself  constitutes  a  complete  synopsis  of  the  law  of  the  subject. 
This  text  is  distinguished  typographically  from  the  subsidiary 
text  by  being  printed  in  large  type.  It  runs  through  the  book, 
forming  an  outline  or  framework  of  the  subject  which  is  of  par- 
ticular value  to  the  law  student  for  the  purposes  of  review. 

(2)  The  subsidiary  text  or  commentary,  which  consists  of  a 
more  extended  presentation  and  discussion  of  the  principles  in 
the  preceding  black-letter  text.  This  commentary  follows  every 
black-letter  paragraph  or  group  of  paragraphs,  is  printed  in 
ordinary  type,  and  comprises  the  body  of  the  book.  The  typo- 
graphical separation  of  these  two  parts  enables  the  student  to 
obtain,  in  the  first  place,  a  general,  comprehensive  grasp  of  the 
subject  as  a  whole,  and  of  the  relation  of  one  part  to  another, 
and,  by  re-reading  in  connection  with  the  more  extended  com- 
mentary, to  fix  the  details  clearly  in  mind. 

(3)  The  notes  and  authorities,  which  consist  of  additional  ex- 
planations and  illustrations  of  the  text,  referring  the  student  to 
all  the  leading  and  late  cases  where  the  principles  have  been 
discussed  and  applied. 

(4)  Uniformity  in  plan,  form,  and  price. 

(237) 


THE   HORNBOOK   SERIES. 

Ai  to  the  Price. 

It  was  a  good  deal  of  an  experiment  to  fix  the  price  of  these 
text-books  at  $3.75,  including  delivery  charges.  They  were  to 
be  regular  octavo  text-books,  and  the  experience  of  publishers 
has  been  that  the  uncertainties  of  the  market  with  a  new  book 
could  be  safely  met  only  by  making  the  price  $5  or  $6.  Of 
course,  if  a  large  circulation  were  assured  in  advance,  the  pub- 
lishers would  be  warranted  in  coming  nearer  to  the  mark  which 
lawyers  would  like  to  fix.  Just  there  was  the  problem.  We  de- 
termined to  meet  it  by  taking  the  circulation  for  granted,  fixing 
the  low  price,  and  then  making  the  books  so  irresistible  that 
the  circulation  would  have  to  come. 

Anthors  and  Editors. 

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